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HomeMy WebLinkAbout2012-02-13 AgendaFebruary 13, 2012 7:00 pm Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Regular Meeting of January 23, 2012 5. Special Reports a. Presentation by the Economic Development Commission Regarding 2011 Activities and Planned 2012 Objectives 6. Public Hearings 7. Residents' Comments (agenda items only) S. President's Report— Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Ordinance 12 -04 (Introduced February 13, 2012) (Firs[ Reading) Amending Title 1, Chapter 5, Section 8 of the Municipal Code to Modify the Meeting Agenda 9. Clerk's Report — Legal, Cable and TelecommunicationsC'ornnussion 10. Staff Reports a. Village Administrator Pr0 Tom 1) Miscellaneous Reports and Updates b. Corporation Counsel 1 1. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, N/PSTA Police and Fire Commission (Trustee Grear) 1) Resolution 12 -05 (Introduced February 13, 2012) Authorizing the Extension of a Subscription Contract for Community Mass Notification Services 2) Resolution 12 -11 (Introduced February 13, 2012) Authorizing the Execution of a Contract for Ambulance Billing Services b. Trustee Gomberg - Police Department, T3lviromnental Health, Police and Fire Commission, 17 Communications (Trustee Marcus) 1) Resolution 12 -06 (Introduced February 13, 2012) Authorizing the Indemnification of the State of Illinois for Photo Enforcement Equipment Attached to the Illinois Department of Transportation Facilities C. Trustee Grear— Community and Economic Development Department, Chamber of Commerce, Waukegan. Road TIT' Review, Lehigh✓Yerris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Cornprehensive Plan, Economic Development (Trustee DiMaria) 1) Resolution 12 -12 (Introduced February 13, 2012) Authorizing the Village to Accept Planning Staff Assistance Delivered by the Chicago Metropolitan Agency for Planning d. Trustee Marcus - -- Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) 1} Ordinance 12 -01 (Introduced January 23, 2012) (,Second Reading) Amending Title 5, Chapter 13, Article A -1, Entitled Traffic Schedules of the Municipal Code of the Village 2) Resolution 12 -07 (IntroducedF'ebruary 13, 2012) Authorizing the Execution of Separate Contracts with Plote Construction, Inc.. Peter Baker and Son Company, and Meyer Material, LLC for the 2012 Material Purchasing Prog, am 2) Resolution 12 -08 (Introduced February 13, 2012) Approving an Agreement for Access to the Cool: County Geographic Information System Data 11. Reports by Trustees (continued) d. Trustee Marcus (continued) 3) Resolution 12 -09 (Introduced February 13, 2012) Authorizing a Highway Authority Agreement and a Tiered Approach to Corrective Action Objectives Supplemental Agreement between Buchanan Energy (N), LLC and the V illagc Relating to the Property Located at 7971 Golf Road e. Trustee Thill - Building Deparonent, Appearance Commission, Capiial Proiccis, Plan Commission /Zoning Board of Appeals (Trustee Toth) Trustee Toth - Finance Deparoneni, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior ,Services Department (Trustee Gomberg) 1) Resolution 12 -10 (Introduced February 13, 2012) Authorizing a License Agreement between Morton Grove Pharmaceuticals, inc, and the Village for Village Owned Property Adjacent to 6451 West Main Street, Morton Grove, Illinois 12. Other Business 13. Presentation of Warrants - $429,191.94 14. Residents' Comments 15. Executive Session - Personnel Matters, Labor Negotiations. Pending Litigation, and Real Estate 16. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals imith disabilities Who plan to attend and who require certain accommodations in order to observe and/or participate in this mecdng, or who have questions regarding the accessibility of thesefacilnies, are requested to contact Susan or lvfariene (847/470 -5220) promptly to allow the Viliage to make reasonable accommodadions. IV CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roll. Village Clerk Tony Kalogerakos called the roll. Present were Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. : * • Regarding the Minutes of the January 9, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. SPECIAL REPORTS Briefino on Possible New TIF District at the Prairie View Site a. Village Administrator pro tem Ryan Horne said that the Village had hired the consulting firm of S.B. Friedman and Associates in December to do a TIF eligibility study of the Prairie View area. He then turned the presentation over to Steve Friedman. b. Mr. Friedman outlined the boundaries of the potential TIF site (the Dempster & Waukegan intersection plus other properties that are not part of the current Waukegan Road TIF). The rationale for the TIF is that some of the property owners in the area have expressed interest in redevelopment and are working toward it. One of the key impediments to redevelopment in this area is the requirement to meet a contemporary level of storm water treatment and handling now required by the Metropolitan Water Reclamation District (MWRD), as well as other streetscape improvements. The key problem is the higher storm water management standards now then when the area was originally developed. Another key issue is that, in the current economy, tenants want to know that developers have all their financing in place. This is true of relocating tenants and of new tenants. c. The TIF Act lists 13 possible factors for eligibility. An area is eligible to become a TIF district if it is designated as "blighted" (blight requires that five of the 13 factors are present) or designated as a "conservation" site (conservation requires that 50% of the buildings within the proposed area are 35 years of age or older AND that three of the 13 factors are present). '4dliniiGe3 x�f 9anuary �3, t2~�artl�iAti ' ' j IV. SPECIAL REPORTS (continued) The Dempster - Waukegan area qualifies for the "blighted" designation because seven of the 13 factors are present: obsolescence, deterioration, structures built below current code standards, excessive vacancies, inadequate utilities, lack of community planning, and lack of growth in EAV. e. Mr. Friedman said the goal of the proposed TIF would be to facilitate improvements that would stimulate commercial redevelopment in the area. He said it would be ideal for that area to once again become the commercial "heart" of the Village. Mr. Friedman said the objectives of the TIF would include repair /replacement /improvement of public utilities and infrastructure, rehabilitation and /or new construction of more modern commercial space, to provide resources for improvements and renovations to existing properties, and to provide resources for streetscaping, landscaping, and signage to improve the image and accessibility of the area. f. One of the property owners in the proposed TIF area has come forward with a redevelopment concept plan for Prairie View Plaza. g. Mr. Friedman said that, given developer interest, and the fact that the area meets the requirements, he recommended the Village move forward with this. Mr. Alan Sopoznik is the development manager for Federal Construction, which owns the Prairie View shopping center. They have owned it since the mid 1970's. Federal Construction owns three shopping centers; one in Elmhurst was redeveloped 10 years ago and is going strong. All three are grocery- anchored shopping centers. Mr. Sopoznik acknowledged that the Prairie View shopping center has seen better days. The plaza was re- facaded in 2001 in the hopes of attracting new tenants, but the parking situation is challenging because of the health club. The health club's lease expires in November of 2013. The ownership is interested in "starting from scratch" at this center. The entire property would be demolished and rebuilt. This will require having tenant leases in place, and Federal Construction is working on obtaining them. He said Mr. Friedman is correct, tenants find it helpful if you know what your costs are and what their rents are going to be. Mr. Sopoznik said that storm water at Prairie View is a big concern; there is asbestos throughout; the site needs to be elevated —there is a lot that needs to be done in order to bring in new, attractive quality commercial /retail establishments. The goal would be to do it in two phases: start at the east and and demolish up to Bally's in 2013, and in 2014, demolish the properties from Bally's west to Waukegan. Mayor Staackmann asked him to address the MWRD requirements. Mr. Sopoznik said the new requirements state they should have between 8 and 9 acres, about a foot deep, to store water. Since the owners don't want to give up that much acreage, the thought is to have about a 1.5 acre area in the back corner near the forest preserve that would be 4- to 8 -feet deep. Currently all the water flows into the forest preserve. In preliminary discussions with the MWRD, they would be comfortable with this concept. L Mayor Staackmann asked if there were plans to improve the traffic flow in the parking lot. Mr. Sopoznik said yes, there were two primary changes. First, they plan to move the buildings further back from the street to increase parking in the lot and minimize wasted space in the back. IV. SPECIAL REPORTS (continued) Affiblet Df.Janwry"23 3D72$aardip m in'i I. Mr. Sopoznik said the second primary change is that they plan to move the entrance, as the current entrance is too close to the Dempster- Waukegan intersection. They still need to get a traffic study. Their belief is that once the health club is gone, there will be less traffic and less density. He stated that the buildings would all be retail space, so all would generate sales tar.. m. Trustee Grear asked about the size of the property. It's about 25 -28 acres of land. n. Trustee Thill asked if the other two developments were successful. Yes, the one in Elmhurst is redeveloped and is doing very well. The one in North Riverside is partially redeveloped, but has some parking issues. o. Trustee Marcus asked about the existing leases, such as Dominicks. He said that all of the leases will terminate, except Dominicks, in November of 2013. Dominicks has 20 + years of options on its lease. In preliminary discussions, they've been asked to do something more "significant" with this particular store. Mr. Sopoznik said they'd expect a long -term renewed commitment from Dominicks. Their intent would be to have Dominicks put a newer store in that location, if they stay. p. Trustee Grear clarified with Mr. Friedman that this study is being paid for by a current TIF. Administrator pro tem Horne responded, stating that there are reserve funds that are being used; however, if a TIF is created, these funds will be reimbursed by the new TIF. a Mr. Friedman said that there would be a public meeting about this proposed TIF on Monday, January 30, at 7:00 p.m. at the Civic Center. It would be an opportunity to learn more about this and provide some input. Director of Economic Development John Said explained that the idea is to have Mr. Friedman go into more detail about this study and have Mr. Sopoznik give more detail about the concept plan. It would be more conversational in nature, with an opportunity for questions and answers. The Board has asked for this as part of the process. It will be held on the second floor of the Civic Center, but if it's an overflow crowd, it can be moved to the main floor. NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) Rafesh Sulidya, a resident since 1993, spoke to the Board about his frustration with Balk / s. He and his son are members. His son's locker was broken into last year. They made a police report, and called Bally's headquarters to complain. Security was subsequently beefed up temporarily there. Now, since LA Fitness has taken it over, there has been a rash of burglar- ies. Locks have been broken, in fact, his own wallet, car keys, and house keys were stolen. The management has not been helpful. He felt that security was terrible there now — sometimes there's no one even at the front desk. He has complained to the corporate head- quarters of LA Fitness, but he's also hoping that the Morton Grove corporate authorities can do something to ensure that patrons and their personal property will have some protection there. Unutes%)Qanua 23,201x.13oardlVl l* Vi. RESIDENTS' COMMENTS (Agenda Items Only) (continued) VII. VIII. IX. Mayor Staackmann said that he's ask the Police Chief and Corporation Counsel look into what could be done and get back to him. Mr. Sulidya added that the police are constantly being called to go over there, he felt that it could possibly be an inside job. He felt that it was very unethical there. PRESIDENT'S REPORT Mayor Staackmann thanked Public Works for their excellence in removing the recent snow. He also thanked residents for moving their cars so the streets could be plowed. Mayor Staackmann reiterated the importance of next Monday night's TIF meeting. He said that Prairie View Plaza is vital to the future of the Village and its sales tax base, and added that he hoped residents would attend next Monday night's meeting; resident participation in this matter is very important. Clerk Kalogerakos had no report. A. Village Administrator: CLERK'S REPORT STAFF REPORTS a. Village Administrator pro tem Ryan Horne reported on the City of Chicago water rate increases. He said that residents deserve and expect clean water and a reliable water supply (consistency of service). He showed a comparison of a 20 -ounce bottle of water at 99 cents to a gallon of milk at $2.99 a gallon and a gallon of gasoline at $3.50 a gallon. The cost of the water comes to 4.95 cents per ounce: the milk, 2.34 cents an ounce, and the gasoline, 2.73 cents an ounce. Interestingly, the FDA rules for bottled water are generally less strict than tap water rules. Some bottled water is really tap water from other cities! The Village charges residents 0.0117 cents per ounce for its water (much cheaper than bottled water at 4.95 cents per ounce). So a nickel buys a Morton Grove resident 3.3 gallons (426 ounces) of municipal water. b. The City of Chicago has said it will raise its rate for water in 2012 by 25 %, in 2013 by 15 %, in 2014 by 15 %, and in 2015 by 15 %, for a total of a 70% increase. This is happening to all the communities who receive Lake Michigan water. It was unexpected and it is not acceptable. So the Village has begun working with neighboring communities to see if we can help each other by perhaps finding an alternative supply, either individually or by municipal partnering. The current "contract" with Chicago ends in 2018. C. Realistically, every year the Village should replace at least 1 mile of water main (at a cost of $1 —$2 million). This was done recently on Dempster, but prior to that, the last time was Wau- kegan Road. There is also a 500,000 gallon reservoir that is at the end of its useful life. Recently the water line running under the Metra tracks needed to be replaced; but there are 9 more just like it. MMtesnf Znu !3,2D12i8Ward�la IX. STAFF REPORTS (continued) A. Village Administrator: (continued) Mr. Horne said that the Village is looking at options, including partnering with other municipalities to find another supplier or possibly going to a monthly billing structure. B. Corporation Counsel: Corporation Counsel Liston had no report. X. A. Trustee DiMaria: TRUSTEES' REPORTS Trustee DiMana had no formal report, but wished a speedy recovery to Sen. Mark Kirk. B. Trustee Gombera: Trustee Gomberg had no report, but echoed Trustee DiMaria's well wishes for Sen. Kirk, C. Trustee Grear: Trustee Grear had no report. D. Trustee Marcus: i. Trustee Marcus presented Resolution 12 -02, Authorization to Execute Change Order No. 3 to the 2011 Street improvement Program Contract With Arrow Road Construction Company. He explained that the work for this project was delayed by the Village for approximately 49 days in order to redesign elevations of the roadway improvements on Hoffman Terrace. The delay resulted in the construction company having to extend their rental term for the signs and barricades used for the project, at a cost of $35430. Trustee Marcus moved to approve Resolution 12 -02, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre Tr. Marcus acre Tr. Thill a rye Tr. Toth ave R X, D. Trustee Marcus: (continued) 9Ainute`s.of.lanua ,33,3D12Soaw`R+IaaYi TRUSTEES' REPORTS (continued) 2. Trustee Marcus next presented Resolution 12 -03, Authorization to Execute Change Order No. 4 to the 2011 Street Improvement Program Contract With Arrow Road Construction Company. He explained that this change order is for approximately $14,000 for work not included originally because of field conditions that required more work than was originally known. Also, a resident requested additional work which amounted to $7,000. The $7,000 has already been collected from that resident. Thus the amount for Change Order No. 4 is. 20,797.15, bringing the total 2011 Street Improvement Project, including all change orders, to $173997747.80. Trustee Marcus moved to approve Resolution passed: 6 ayes, 0 nays. Tr. DiMaria acre_ Tr. Gomberg Tr. Marcus ave Tr. Thill 12 -03, seconded by Trustee Toth. Motion go Tr. Grear ave Tr. Toth ave 3. Trustee Marcus then brought forward Resolution 12 -04, Authorization to Negotiate an Intergovernmental Agreement With the Illinois Department of Transportation (IDOT) for the Lincoln Avenue Realignment Project. He explained that the Village intends to realign Lincoln Avenue at its grade crossing with the Matra tracks and to establish bicycle facilities on Lehigh from Oakton to Lincoln and on Ferris Avenue. The Village applied for federal funding for these improvements in 2010. IDOT awarded the Village $446,000 for this project. The funding can only be used for the realign- ment project. The conceptual -level project cost estimate is approximately $2,500,000. Village staff continues to seek additional outside funding for this proiect. Staff is recommending targeting a construction year of 2015 in order to bring together sufficient funding and construction approval from IDOT and Matra. An intergovernmental agreement with IDO is required in order to accept this funding. Trustee Marcus moved to approve Resolution 12 -04, seconded by Trustee Toth. Motion passed: 5 ayes, 1 nay. Tr. DiiMaria ave Tr. Gomberg aye Tr. Grear ave Tr. Marcus ave Tr. Thill nay Tr. Toth ave Lastly, Trustee Marcus introduced for a first reading Ordinance 12 -01, Amending Title 5, Chapter 13, Article A -1, Entitled "Traffic Schedules" of the Municipal Code of the Village of Morton Grove. He said that the Traffic Safety Commission received a request from the Village of Skokie for stop signs at the intersection of Davis Street and Linder Avenue. Linder is the corporate boundary of Morton Grove and Skokie. Skokie intends to install a stop sign on westbound Davis Street at its intersection with Linder Avenue. The Traffic Safety Commission reviewed the request and is recommending that the Village establish a stop sign on eastbound Davis at its intersection with Linder Avenue. As this is a first reading, no action will be taken this evening. X. D. Trustee Marcus: (continued) . _ Idinutesnf .Januay23,:3012HaardXWd TRUSTEES' REPORTS (continued) 5. Trustee Marcus extended his best wishes to Senator Kirk and his family. E. Trustee Thill: Trustee Thill had no report.. F. Trustee Toth: Trustee Toth had no report. XI. OTHER BUSINESS NON_ XII. WARRANTS Trustee Toth presented the accept the Warrants, secor There being no discussion, 0 nays, 1 abstain. Tr. DiMaria abstain Tr. Marcus aerie Warrant Register in the amount of $1,046,599.15. She moved to ded by Trustee Thill. Mayor Staackmann called for the vote. Motion passed: 5 ayes, Tr. Gomberg ave Tr. Grear ave Tr. Thill aye Tr. Toth ave XIII. RESIDENTS' COMMENTS NONE XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee DiMaria seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg ave Tr. Grear acre Tr. Marcus ave Tr. Thill aye Tr. Toth aye The meeting adjourned at 7:47 p.m. .. Wlinuteszf Jbnua*y23,3U72,�bartl :`. •,.:.. PASSED this i 3th day of February, 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMana Gomberg Grear Marcus Thill Toth APPROVED by me this 13th day of February, 2012. Daniel J. Staackmann, Vllage President Board of Trustees, Morton Grove, Illinoi< APPROVED and FILED in my office this 14th day of February, 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousa, L.eLyisiative Summary -- _ Ordinance 12_04 AMENDING TITLE 1, CHAPTER 5, SECTION 8 OF THE MUNICIPAL CODE TO MODIFV THE MEETING AGENDA Introduced February 13, 2012 Objective To amend Title 1, Chapter 5, Section 8 of the Municipal Code entitled "Agenda ". Purpose: The amendments proposed in this ordinance will bring this section of the Village Code in compliance with the Open Meetings Act and will establish procedures for members of the public to address the Village Board during its meetings. Saekaround: The last formal change to the Agenda was made in 2005 with Ordinance 05 -24. In January 2012, the Village Board participated in Open Meetings Act training provided by the Illinois Attorney General's Office. This training highlighted the need to update the Village Code and the agenda procedures for Village Board meetings to make provisions granting all persons an opportunity to address the public body (currently the Village Code only provides for "resident comments ") at Board meetings. This ordinance will formalize the Village's protocol of imposing a reasonable time limit (four minutes) 'for public comments. In keeping with past practices this time limit can be extended atthe discretion of the Village President. Pro .arams, Departments Administration and Legal Departments or Groups Affected Fiscal Impact: � Not applicable Source of Funds: Not applicable Workload Impact: � The Administration and Legal Departments will implement this ordinance in the course of their normal duties. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment, February 27, 2012 I Special Considerations or None Requirements: Administrator Approval Ryafi J/Miorne�'Village Administrator Prepared by: Teresa Hoffman List7,�Corpor.ation Counsel ORDINANCE 12 -04 AN ORDINANCE AMENDING TITLE I, CHAPTER 5, SECTION 8 OF THE MUNICIPAL CODE TO MODIFY THE MEETING AGENDA WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Title 1, Chapter 5 of the Village Code of the Village of Morton Grove addresses the power and authority of the Village Board of Trustees and procedures to be followed dining Village Board meetings; and WHEREAS, the Village of Morton Grove, though its elected officials, has requested the order of business and the procedures relating to the order and conduct of business at Village Board meetings be reconsidered to bring the ordinance in compliance with the Open Meetings Act to provide any person has the right to address the Village Board at its meetings subject to reasonable rules and time limits: and WIIEREAS, an ordinance amendment is required to bring Village Code in compliance with the Open Meetings Act; and NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1 entitled Administrative, Chapter 5 entitled Village Board of Trustees, Paragraph 8 entitled Agenda of the Municipal Code is hereby amended by repeating the existing Paragraph 1 -5 -8 entitled Agenda to be replaced with a new Paragraph 1 -5 -8, also to be entitled Agenda to read as follows: 1 -5 -8: AGENDA: An Agenda shall be prepared by the Village Administrator's office with consultation with the Village President for all Board meetings, except in an emergency situation; said agenda is to be distributed to the Village President and all Trustees at least forty -eight (48) hours prior to the scheduled meeting. The Village President and Trustees shall have the authority to request placement of any item of business under their report section of the Agenda provided the request is received by the Village Administrator prior to the completion of the Agenda for distribution as provide for in this section. The Board of Trustees can amend the Agenda at any time the evening of a scheduled Village Board meeting by a majority vote of those Trustees present in compliance with the Open Meetings Act. The order of business to be observed at all meetings of the Village Board shall be as follows: A. Call to Order B. Pledge of Allegiance Ct C. Roll D. Approval of Minutes E. Public Hearings F. Special Reports G. Public Comments, agenda items only.* H. President's Report 1. Clerk's Report J. Staff Reports 1. Village Administrator 2. Corporation Counsel K. Report by Trustees L. Other Business M. Presentation of Warrants N. Public Comments on matters of Village concern. It O. Executive Session (if necessary) P. Adjournment * Comments are to be limited to four minutes unless an extension of time is granted by the Village President. (Ord 92 -57, 11 -9 -92: Ord 98 -11, 9-14-98: Ord 03 -01, 02- 24 -03; Ord 05 -24, 5-23-05; (Ord 12- , OZ 27,12) SECTION 4: Fhis Ordinance shall be in full 'force and effect from and after its passage and approval. PASSED THIS 27 °' DAY OF FEBRUARY 2012. Trustee DiMaria Trustee Gomberg Trustee Grew - 'Trustee Marcus Trustee ThiII Trustee Toth APPROVED BY ME THIS 27"' DAY OF FEBRUARY 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 28`' day FEBRUARY 2012 "bony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeL3islative Summary C — Resolution 12 -05 AUTHORIZING THE EXTENSION OF A SUBSCRIPTION CONTRACT FOR Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal impact: Source of Funds: Workload impact: Administrator Recommendation: Second Reading: Special Considerations COMMUNITY MASS NOTIFICATION SERVICES February 13, 2012 This resolution authorizes the Village Administrator pro I em and Fire Chief to execute a contract with Everbridge, Inc. of Glendale, California (formerly 3n Global, Inc.) in order to renew the existing community mass notification services contract for a period of three years. A subscription to this service is necessary to disseminate time critical information to residents during emergencies or community crisis. Contracting these services to a qualified third party vendor is preferable to purchase and ongoing maintenance of infrastructure and equipment. Outsourcing this service has enabled the Village to assure the most advanced technology is available for sending public safety messages. In February 2009, the Village Board passed Resolution 09 -15 authorizing a three year service agreement with 3n Global, Inc. to provide telephone and Internet based mass notification for the Village. This original contract was the product of an intergovernmental bidding process which yielded eleven bids. Des Plaines, Park Ridge, and Morton Grove were able to negotiate more favorable pricing as the result of the bidding. For the past three years, this service has been supported with funding split between the Fire Department and Public Works. 3nGlobal, Inc. has recently changed corporate structure and has been renamed "Everbridge. Inc. ". All affected departments have used the service and found it adequately meets the Village's needs. This resolution will allow the Village to accept the terms of an agreement renewal (amendment to Everbridge Service Agreement) for the same price as the past three years (amendment and quote attached). Fire, Police. Public Works, IT, Administration, and Family and Senior Services Departments, S 1 1,201 /year over a three year contract Fiscal Year 2012 -2015 approved budgets (50% Fire Department, 50% Water Fund) The management and supervision of this purchase will be performed by the Fire Deparrtment as part of their normal work activities. Approval as presented N/A None or Requirements: y Respectfully submitted: _!��� — - Ryan J.Aorue, age Administrator Pro Tem Reviewed by Prepared by: _. Teresa of in Uston, Corporation Counsel Tom V- ie(, Fire Chief AUTHORIZING THE EXTENSION OF A SUBSCRIPTION CONTRACT FOR COMMUNITY MASS NOTIFICATION SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax, purchase, and incur debt: and WHEREAS, the Village of Morton Grove, as a unit of local government, authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS, the Village desires to provide a means by which time critical information can be efficiently and effectively disseminated to large numbers of residents in a short time during emergency or crisis situations; and WHEREAS, the Village desires to renew the contractual relationship with the existing vendor of "mass notification" services; Everbridge Inc. of Glendale, California; and WHEREAS, three years ago, the Village solicited proposals from selected vendors of mass notification services as well as participated in a Cooperative Procurement Process through the North Suburban Emergency Communication Center (NSECC); and WHEREAS, the Village of Morton Grove. through NSECC and under the direction of the Joint Emergency Telephone System (JETS) Board, received eleven (11) proposals from vendors of community mass notification systems; and WHEREAS, as a result of a review of the proposals received and recommendations of staff, the Village adopted Resolution 09 -15 and entered into a 3 -year service contract with 3n Global Inc. of Glendale, California; and WHEREAS, 3n Global Inc. recently changed their corporate name to Everbridge Inc. and provided the Village with a contract extension quotation in January 20I2 summarized below; Vendor Everbridge Inc. and I -time Set up Fee $0 Annual Fee $11,201 Comments Unlimited use & 3 year contract WHEREAS, after review by Village staff, it has been determined this price is the same annual fee charged for the previous 3 years; and WHEREAS, all affected Village departments have used the service and agree it adequately meets the Village's needs; and WHEREAS, funds for this purchase have been allocated in the Village of Morton Grove Adopted Budget — Fiscal Year 2012. NOW, THEREFORE. BE IT RESOLVED BY TIIE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I : The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove is authorized to enter into a renewal service agreement subject to the Amendment to Everbridge Service Agreement attached with the quote dated January 5, 2012. SECTION 3: The Village Administrator Pro Tem, Finance Director, and Fire Chief are hereby authorized to execute, and the Village Clerk to attest, the Amendment to Everbridge Service Agreement with Everbridge Inc., for the aforementioned services over a three year contract for the annual purchase price of $11,201, and to take all steps necessary to ensure the efficient and seamless continuation of community mass notification. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 13 "' day of February 2012 Trustee DiMaria Trustee Trustee Trustee 'Trustee Trustee Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 13 "' day of February 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 14 "" day of February 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Amendment to Everbridge Service Agreement This Amendment to Everbridge Service Agreement ( "Amendment ") is effective this 14t" day of February 2012, by and between Everbridge, Inc., a Delaware corporation ( "Everbridge "), and Village of Norton Grove, Illinois ("Customer). Everbridge and Customer may be collectively referred to as the "Parties" or individually referred to as a "Party." All capitalized terms used herein without definition shall have their respective meanings set forth in the Agreement. WHEREAS, the Parties entered into the 3n Global Inc. Services Agreement dated February 23, 2009 ( "Agreement "); WHEREAS, Everbridge changed its name from 3n Global, Inc. to Everbridge, Inc.; WHEREAS, the Parities desire to extend the term of the Agreement on and subject to the terms of this Amendment; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and other good and valuable consideration, the Parties agree as follows: 1. The name "Everbridge, Inc." and its abbreviation "Everbridge" are respectively substituted throughout the Agreement for the name "3n Global, Inc." and its abbreviation "3n ", 2. The Term is extended to and including February 22, 2015. 3. Exhibit A of the Agreement is modified as set forth on Quote Number 00003561 which is attached hereto and incorporated herein by this reference. 4. All other terms and conditions of the Agreement remain in full force and effect as amended by this Amendment. IN WETNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. EVERBRIDGE, BY: BY: NAME: NAME: Daniel J. Staackmann TITLE: TITLE: Village President DATE: DATE: February 14, 2012 eve e �,AH i d e GUelyalc Brand ;A 91203 S USA 4 8tb G. `IJ 9 v =wrv.everbrltioe.com QUOTATION Quote Number: 00003561 Confidential I of Exhibit A Prepared for. Boyle Wong Quotation Date: January 5, 2012 Morton Grove Fire Department Quote Expiration Date: February 22, 2012 6101 Capulina Avenue Contract Period: 3 Years Morton Grove, IL 60053 Contract Start Date: February 23, 2012 (847) 663 -3021 Contract End Date: February 22, 2015 bwong ®mortongroveit.org Payment Terms: Net 30 Rep: Ethel Olague (818) 230 -9752 ethei.olague@everbridgemail.com Annual Subscription Qtv PmducF Everbridge SmartGIS for Citizen Alerts Annual Fee - Unlimited - (up to 11,201 Households) Plan Inclusions: 1) Unlimited System Use - All Contact Types (phone, email, SMS, fax, IM, pager and other types as supported) 2) Up to 35 Contact Paths Per User 3) Ongoing web training sessions 4) Polling Notifications with Call Transfer and Data Collection 5) Saved shape library 6) Real Time Confirmation of Human Receipt 7) Custom Caller -ID / Sender Email (Variable Per Broadcast) 8) Text to Speech Conversion 9) Stop Broadcast 10) Real Time Message Status Dashboard 11) 100% Custom Ad -Hoc Reporting 12) 24/7 Live Operator / Customer Service 13) 5 Live Operator Access Included With Plan Aware Annual Fee (up to 201 Members) Plan inclusions: 1) Unlimited Administrators / Group Leaders System Access 2) Unlimited Groups and Sub - Groups 3) All Contact Types (phone, email, SMS, fax, IM, pager and other types as supported) 4) Up to 35 Contact Paths Per User 5) Real Time Confirmation of Human Receipt 6) Polling Notifications 7) Conference Call Notifications 8) Quota Notification 9) Scenario Manager - Pre -plan Multiple Messages in One Scenario 10) Custom Caller -ID / Sender Email (Variable Per Organization) 11) Text to Speech Conversion 12) Message escalation - 3levels 13) Stop Broadcast 14) Real Time Message Status Dashboard 151 100% Custom Ad -Hoc Reporting 16) 24(7 Live Operator / Customer Service 17) 5 Live Operator Access Included With Plan List Price Discount $17,985.00 $7,995.00 1001 Extended Price $11,201.00 Mot) bridge r _ m p Quota Number: 00DD3561 Confidential 2 oft Exhibit A Pricing Summary: Year 1: $11,201.00 Year 2: 5111201.00 Year S: S1120M1Ao 1. Additional rates apply for all international calls. 2. Quote subject to terms G. conditions of the Everbridge Services Agreement, 3. Successful delivery of text messages is dependent on the Member's SMS plan. 4. Customer Is responsible for acquiring its Members` permission to use, store and download their contact Information. 5. Additional annual subscription fees and /or usage fees will apply for Member counts or minute usage amounts beyond the limits outilned above. Authorized by Everbridge: Signature Dale Print Name Title To accept this quote, sign, date and return: Authorized Signature Date Print Riama Tftie Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Lc2islative Summary Resolution 12 -11 AUTHORIZING THE EXECU'T'ION OF A CONTRACT FOR AMBULANCE BILLING SER�710ES February 13, 2012 This resolution authorizes the invoicing and collection of outside ambulance billing services by a qualified third party vendor. To effectively collect ambulance service fees for mutual air responses. In 2008, the Village reevaluated and adjusted ambulance service fees in coordination with the Villages of Niles and Skokie. hi doing so the Village agreed to utilize Paramedic Billing Services, Inc. of Elmhurst, Illinois for the purpose of billing for ambulance services. The performance of Paramedic Billing Services, Inc. over the past three years has been exemplary and therefore the Village would like to extend their services for another three year contract for the agreed compensation of six percent of the ambulance service fees collected. Fire Department. Six percent of all ambulance billing (approximately $30,000). N/A Th: management and supervision of this program will be performed by the Fire Department as part of their normal work activities. Approval as presented N/A None 0 Respectfully submitted:" Ryan J. 41orne, Village Administrator Pro Tem r�_ I Reviewed by: �r f Prepared by Teresa Hoffman' Li ston, Corporation Counsel Tom Friel, Fire Chief AUTHORIZING THE E3CECUTION OF A CONTRACT FOR AMBULANCE BILLING SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County,. Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax, purchase, and incur debt; and WHEREAS, the Village desires to outsource the invoicing and collection of ambulance service fees to a qualified third party vendor; and WHEREAS, the Village has previously entered into an Intergovernmental Agreement with the Villages of Niles and Skokie for the purposes of coordinating efforts required in order to effectively collect ambulance service fees for mutual aid responses; and WHEREAS, in late 2008, the Village re- evaluated and adjusted ambulance service 'f es in coordination with the Villages of Niles and Skokie and agreed to utilize Paramedic Billing Services, Inc. (PBS a division of Superior Ambulance Service Inc.) of Elmhurst. Illinois for purposes of billing for ambulance services: and WHEREAS, PBS, Inc. has agreed to hold their compensation at the level originally established in 2008 for all three communities (6% of the fees collected) for the next three (3) years; and WHEREAS, the performance of PBS, Inc. in the past three (3) years has been exemplary in the areas of legal advice, collection process, and customer service; and WHEREAS, a comparison of the fee charged by PBS, Inc. is reasonably comparable to the fees charged by other vendors to other area communities of similar size and ambulance service activity. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove is authorized to enter into a service agreement entitled: BILLING AGREEMENT for VILLAGE of MORTON GROVE (attached). SECTION 3: The Village Administrator Pro Tern, Finance Director, and Eire Chief are hereby authorized to execute, and the Village Cleric to attest to the BILLING AGREEMENT for VILLAGE of MORTON GROVE with Paramedic Billing Services, Inc:, for the aforementioned services over a three (3) year contract for the agreed upon compensation of six percent (6 %) of the ambulance service fees collected, and to take all steps necessary to ensure the continued efficient administration of ambulance billing services. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 13 "' day of February 2012. Trustee Trustee 'hrustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 13`h day of February 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14 "' day of February 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois PARAMEDIC BILLING SERVICES, INC. BILLING AGREEMENT" FOR Submitted By: Firm Name: PARAMEDIC BILLING SERVICES, INC. Address: 395 W. Lake Street, Elmhurst, Illinois 60126 Telephone: (630) 530 -2991 Fax Number: (630) 530 -5099 Contact: Michelle Padula, PBS Director 2011 SCOPE OF REQUIRED SERVICES The primary function of PARAMEDIC BILLING SERVICES, INC. pursuant to this Agreement is to bill patients of the VILLAGE OF MORTON GROVEfor ambulance and medical services provided by the VILLAGE, and to collect funds directly from patients or insurance providers for these services. PARAMEDIC BILLING SERVICES, INC. will be using information for billing processes from the official ambulance reports submitted by the VILLAGE. Page 2 of 16 BILLING AGREEMENT FOR VILLAGE OF MORTON GROVE This AGREEMENT is by and between the VILLAGE OF MORTON GROVE(hereinafter referred to as "VILLAGE "), located at 6250 Lincoln Ave., Morton Grove, IL 60053, and Paramedic Billing Services, Inc. (hereinafter referred to as "PBS"), located at 395 W. Lake Street, Elmhurst, IL 60126. WHEREAS, VILLAGE provides ambulance and attendant care services (hereinafter "Ambulance Services)" for the residents of the surrounding community; WHEREAS, PBS is in the business of billing for Ambulance Services; and WHEREAS, VILLAGE and PBS desire that PBS handle all of the billing functions for Ambulance Services provided by VILLAGE; and NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged by both VILLAGE AND PBS, the parties agree as follows: Procedures PBS shall prepare all bills and claim forms for Ambulance Services provided by VILLAGE. Billing procedures shall be in accordance with the procedures set forth in Appendix A attached hereto. PBS shall send bills to insurance companies, third party payers and to patients, as appropriate. 2. Lockbox Account/Fee Waiver. PBS shall maintain all funds collected for VILLAGE in an account with Suburban Bank & Trust in the name of VILLAGE. PBS shall credit to VILLAGE all fees and costs related to the account and lockbox. PBS will be authorized to view transactions to ensure that payments are applied correctly. 3. Reports and Accounting. On or before the 15th day of each month that this Agreement is in effect, PBS shall provide VILLAGE with an accounting of all stuns collected during the previous month, indicating the name of the patient, the date of service, the amount billed and the amount collected. PBS shall comply with any reasonable request by VILLAGE for additional information which may be required to verify the accuracy of the accounting, Upon request, PBS shall provide VILLAGE with any and all additional and reasonable information which may be required to verify the accuracy of the accounting. 4. Proarammin2. PBS shall provide a separate and complete Accounts Receivable program within PBS's computer billing system for the exclusive purpose of collections for VILLAGE. PBS shall waive all fees and costs for the computer software and programming required to connect VILLAGE's EMS software to PBS' billing system. Page 3 of 16 5. Guidelines. VILLAGE shall provide to PBS guidelines for sending the bills and claims, including but not limited to, the rates to be charged. VILLAGE shall provide to PBS or authorize PBS to receive all information needed to bill patients transported. 6. Fees. VILLAGE shall pay PBS a fee of Six Percent (6 %) of all payments collected based on the payments received in the preceding month, whether payment is made to PBS or sent directly by the payer to VILLAGE. VILLAGE agrees to provide PBS with notice and documentation of any payments directly received by it within ten [10] days of receipt of said payment. PBS shall issue invoices on or before the ISr" (fifteenth] day of each month for the prece ding month. VILLAGE agrees to pay each invoice within thirty [301 days. 7. Billing in Name of VILLAGE. All the billing for ambulance services shall be in the name of the VILLAGE OF MORTON GROVE and on its behalf including all claims for reimbursement or indemnification from third party payers. 8. Term. This Agreement shall commence as of the date executed below and shall continue for a three year period (hereinafter referred to as the "Initial Term ") unless sooner terminated pursuant to this Agreement. This Agreement will automatically renew for one year terms on the same terms and conditions stated herein unless either party terminates the agreement in writing as stipulated below. 9. Termination for cause Esther party shall have the right to terminate this Agreement immediately upon the filing of a petition of involuntary bankruptcy, assignment for the benefit of creditors or the issuance of a cease and desist order or other action by any appropriate State, Federal or Local governmental agency or court of competent jurisdiction, which prohibits or threatens to prohibit, in whole or in part, either party from performing the services required under this Agreement. 10. Termination without cause. Termination of this Agreement by either party for any reason will be effective with ninety (90) days prior written notice. The parties agree that the termination will only apply to the receipt of new accounts froin VILLAGE, PBS will continue its efforts in collecting patient accounts already in its possession. PBS will also continue its efforts in collecting patient accounts already placed with any external agency. L Records. All medical records relat crew, claims, run reports, etc. shall comply with all applicable laws and use or further disclose confidential Agreement or as required by law. ing to the ambulance services rendered by the ambulance be and remain the sole property of VILLAGE. PBS shall regulations relating to patient confidentiality, and shall not information other than as permitted or required by this 12. Confidentiality. PBS shall use appropriate safeguards to prevent use or disclosure of the information other than as provided for by this Agreement. PBS may use and disclose confidential information for the proper management and administration of its business. as provided by law, and may provide data aggregation services relating to the ambulance services of VILLAGE. Page 4 of 16 13. Parties as Independent Contractors. The relationship between the parties established by this Agreement is that of independent contractors and business associates as defined by the Business Associates Agreement attached as Appendix B. 14. Entire A <__ >reement. This Agreement is the entire agreement between the polies hereto, there being no prior written or oral promises or representations not incorporated herein. No amendments or modifications of the terms of this Agreement shall be binding upon either party unless in writing and signed by both parties. Appendix A and Appendix B are attached hereto and, by this reference, made a part of this Agreernent. 15, Non- Assienability. This Agreement shall be binding upon and inure to the benefit of the patties hereto and their respective successors and assigns, provided, however, that this Agreement shall not be assignable by either party without the prior written consent of the other party. 16. Non - Waiver. Either party may delay or forgo enforcing any of its rights or remedies under this agreement without losing or waiving them. 17. Severability. If any part of this Agreement shall be held to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement. 18. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. No provision of this Agreement shall be applied or construed in a manner inconsistent with applicable Federal and State Laws and Regulations. 19. Compliance with Law. Notwithstanding any other provision in this Agreement to the contrary, both parties remain exclusively responsible for ensuring that any service provided pursuant to this Agreement complies with all pertinent provisions of Federal, State and Local Statutes, Rules and Regulations. 23. No Third -Party Beneficiaries. It is the explicit intent of the parties hereto that no person or entity other than the parties hereto, except assignees as contemplated in paragraph 15, is or shall be entitled to bring any action to enforce any provision of this Agreement against either of the parties hereto. 21. Notices All notices that are required hereunder, of which either VILLAGE or PBS may desire to serve upon the other Party, shall be in writing, personally delivered, or sent by certified mail, return receipt requested, with postage prepaid, to the parties at the following address, (or at such other or further addresses as the parties may hereafter designate by Like notice similarly sent). Notices shall be deemed received upon receipt (if personally delivered) or two (2) business days after deposit in the United States Mail (if mailed). If either party chooses to use a recognized overnight carrier to deliver such notice, then the notice shall be by restricted delivery and only the person or persons listed below are the authorized signatories: Page 5 of 16 If to VILLAGE: Thomas J. Friel, Fire Chief Village of Morton Grove 6250 Lincoln Ave. Morton Grove, 11 60053 Ifto PBS: David B. Hill, III, President Paramedic Billing Services, Inc. 395 W. Lake St. Elmhurst, IL, 60126 with a copy to: Michelle Padula, Director Paramedic Billing Services, Inc. 395 W. Lake St. Elmhurst, .IL 60126 22. Subnoenas and Records Requests. PBS shall charge and retain fees as allowed under applicable law for reproduction of medical records upon request of persons authorized to receive them. PBS, Inc. shall charge VILLAGE a court appearance fee of $100.00 for each instance that a PBS employee is required to appear in court or at a deposition in any action related to the collection of a fee for VILLAGE. 23. Sianature. It is the responsibility of VILLAGE to obtain the signature of the patient or verification that it could not be obtained for the HIPAA privacy notice, for consent to release records as necessary for payment and for assignment of benefits forms. For purposes of providing its services under this Agreement, PBS shall assume that where necessary, consent has been obtained. 24. Contract Interpretation. Each party and its counsel have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted in accordance with its plain meaning and not strictly for or against any party. 25. Execution. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 26. Authoritv. PBS and VILLAGE represent that this Agreement is executed pursuant to resolution of the necessary corporate authorities of their respective organizations. Page 6 o'16 IN WITNESS WHEREOF, the parties have hereunto set their seal this iday of VILLAGE OF MORTON GROVE PARAMEDIC BILLING SERVICES, FNC. By: By: Its: Its: Page 7 of 16 Y. N Billing Procedures PARAMEDIC BILLING SERVICES, INC. shall provide electronic billing to all governmental and commercial carriers, where available. Otherwise, PARAMEDIC BILLING SERVICES, INC. shall provide paper billing on behalf of VILLAGE. 1 PARAMEDIC BILLING SERVICES, INC. will bill any and all appropriate commercial or third party payers as agreed to by VILLAGE. 3, PARAMEDIC BILLING SERVICES, INC. will invoice all patients and all supplemental private payers as agreed to by VILLAGE and as required by the Federal Medicare Program. 4. PBS shall issue invoices on a billing foray specific for VILLAGE. 5. PARAMEDIC BILLING SERVICES, INC. shall bill for VILLAGE's services in accordance with those rates determined by the VILLAGE. VILLAGE shall provide PBS with current rates, and shall provide PBS with written notice of any change in rates thirty days before such rate change is to be implemented. 6. Invoicing /collection activities will be conducted on the following schedule: a. Immediate first steps: I. First phone call verifies relevant insurance information. 2. Public Aid reimbursement verified. 3. Internet service verified for third party insurance. b. Invoicing: i. First invoice mailed within five business days after receipt of case source data. ii. Second invoice mailed 30 days after first invoice iii. First courtesy call 10 days after second invoice. iv. Third invoice mailed 30 days after second invoice. V. Follow up call 10 days after third invoice. vi. Collection letter 30 days after third invoice. vii. Follow up call 5 days after collection letter. The above steps may be varied by PBS at its sole discretion for business or operational reasons. 7, PBS shall not refer delinquent accounts for external collection activity or initiate any legal action on any VILLAGE account without the express authorization of the Chief or his designee. Pape 8 of 16 8. Paramedic Billing Services, Inc. accepts checks, Mastercard and Visa and will set up payment plans where appropriate. All payments shall be sent directly to the designated lockbox to allow rapid posting of payments. It is the responsibility of VILLAGE to notify PBS of any payments received at VILLAGE within 72 hours of all payments, correspondence, explanation of benefits, etc. relating to the services heretofore described. 10. PBS will submit a monthly payment receipt recap, and a monthly trip report detailing all of the transports billed from the previous month. It is the responsibility of VILLAGE to verify these reports and provide PBS with any missing data. 11. It shall be the responsibility of VILLAGE to audit the billing rates charged by PBS for the ambulance and medical services provided by VILLAGE, on a quarterly basis to verify that the rates charged by PBS are the correct rates. Additionally, should VILLAGE decide to change the billing rates for the services it provides, VILLAGE shall immediately notify PBS, in writing, of said rate change and thereafter complete any necessary follow -up with PBS to insure that the changed rate is being appliz, ed by PBS. 12 PBS reserves the right to change the procedures listed in Paragraph b of this Appendix as deemed necessary for operational improvement and/or efficiency. IN WITNESS WHEREOF, the parties have hereunto set their seal this __day of VILLAGE Or MOR1ON GROVE PARAMEDIC BILLING SERVICES, INC. By: Its: By: Its: Page 9 of 16 BUSINESS ASSOCIATES AGREEMENT BETWEEN VILLAGE OF MORTON GROVE AND PARAMEDIC BILLLING SERVICES, INC. This Agreement is entered into by and between VILLAGE OF MORTON GROVE (hereinafter referred to as "VILLAGE ") and Paramedic Billing Services, Inc. (hereinafter referred to as "PBS ") to set forth the terms and conditions under which PROTECTED HEALTH INFORMATION, (hereinafter referred to as "PHP ") as defined by the Health insurance Portability and Accountability Act of 1996 (HIPAA) and Regulations enacted thereunder, received by PBS may be used or disclosed. WHEREAS, VILLAGE is a Covered Entity as defined in the privacy rules adopted pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA Privacy Rules), and; WHEREAS, PBS is in the business of providing billing services to governmental emergency medical service providers, and; WHEREAS, PBS may need to use and /or disclose Protected Health Information ( "PHI ") in its performance of services under the Paramedic Billing Services, Inc. Billing Agreement. NOW, THEREFORE, this Agreement sets forth the manner in which PHI that is provided to, or received by, PBS from the VILLAGE will be handled. PBS agrees as follows: Article I: Definitions Unless otherwise provided, capitalized terms have the same meanings as set forth in the HIPAA Rules and HITECH Standards. 1.1 Breach: `Breach" means the unauthorized acquisition, access, use or disclosure of PHI in a manner not permitted under Part 164, Subpart E of the HIPAA Rules that compromises the security or privacy of such information, i.e. poses a significant risk of financial, reputational, or other harm to the individual. A breach does not occur where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information and as otherwise excepted in Section 13400(i)(B) of the HITECH Act and 42 CFR § 164.402(2). 1.2 Business Associate (Pits). "Business Associate" means Paramedic Billing Services, Inc. 1.3 Covered Entity (CE): "Covered Entity" (CE) means the VILLAGE OF MORTON GROVE (VILLAGE). 1.4 Designated Record set: "Designated Record Set" means a group of records maintained by or for CE that is (1) the medical records and billing records about individuals maintained by or for CE, or (2) used, in whole or in part, by or for CIE to make decisions about individuals. For the purposes Page 10 of 16 of this paragraph, the term "Record" means any items, collection, or grouping of information that includes PHI and is maintained, collected, used, or disseminated by or for CE. 1.5 Electronic Health Record (EF£R): "Electronic Health Record" (EHR) means an electronic record of health- related information on an individual that is created, gathered, managed, and consulted by authorized health care providers and staff. 1.6 Electronic Protected Health Information (EPHr): "Electronic Protected health Information" (EPHI) means Protected Health Information that is transmitted by or maintained in electronic media. 1.7 HIPAA Rules: "HIPAA Rules" means the collective privacy and security regulations found at 45 CFR Parts 160 and 164, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996. 1.8 HITECH Standards: "HITECH Standards" means the privacy and security provisions applicable to Business Associates under Subtitle D of the Health Information Technology for and Clinical Health Act, set forth in Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, Public Law 111 -5 ( "1- IITECH Act "), and any regulations promulgated thereunder. 1.9 Individual.- "Individual" means the person who is the subject of protected health information and includes a person who qualifies as a personal representative in accordance with the HIPAA Rules and HITECH Standards. 1.10 Protected health Information (PHI): "Protected Health Information" (PHI) means certain individually identifiable health information, as defined in 45 CFR §160.103, limited to the information created or received by PBS from or on behalf of CE. PHI includes Electronic Protected Health Information. 1.11 Secretary: "Secretary" means the Secretary of the Department of Health and Human Services or his /her designee. 1.12 Security Incident: "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. 1.13 Unsecured Protection Health Information: "Unsecured Protection Health Information" or "Unsecured PHI" means PHI that is not secured through the use of a technology or methodology specified in the Secretary's guidance or, if guidance is not available, PHI that is not secured by a technology standard that renders PHI unusable, unreadable, or indecipherable to unauthorized individuals and is developed or endorsed by a standards developing organization that is accredited by the American rational Standards Institute, Article 11: Obligations of PBS PBS agrees to the following: Page TS of 16 I .1 Limit PHI Use. PBS agrees not to use PHI other than as permitted or required by the Agreement or as required or allowed by law. physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and 2.2 Limit PHI Disclosure. PBS agrees not to disclose PHI except as permitted or required by this Agreement or as required by law. PBS may disclose PHI (i) for PBS's proper management and administration, and (ii) to carry out the legal responsibilities of PBS under this Agreement, assuming either of the following are satisfied: (a) the disclosure is required by law or (b) PBS obtains reasonable assurances from the person to whom PBS further discloses the PHI that the information will be held confidentially, that the information will be used or further disclosed only as required by law or for the purposes for which it was disclosed, and the person notifies PBS of any instances where the confidentiality of the information has been breached. 2.3 Use Minimum Neeessary. PBS will take reasonable efforts to limit request, use, and disclosure of PHI to the minimum necessary to accomplish the intended request, use, or disclosure, but only as required by the HIPAA Rules and HITECH Act Section 13405(b). 2.4 Use Safeguards. PBS agrees to use reasonable safeguards to prevent use or disclosure of PHI other than as allowed by this Agreement or as otherwise required or allowed by law. PBS agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that PBS creates, receives, maintains, or transmits on behalf of CE. 2.5 Report Inappropriate Uses or Disclosures of P1I7. If PBS becomes aware of any use or disclosure of PHI not permitted by this Agreement or by law, PBS agrees to report such violation to CE. 2.6 Report Security Incidents. If PBS becomes aware of a Security Incident, PBS agrees to report. such incident to CE. 2.7 Report Breaches of Unsecured PHI. In the event that PBS discovers a Breach of Unsecured PHI, PBS agrees to notify CE without unreasonable delay, and in no case later than 60 calendar days after PBS first becomes aware of the incident, except where a law enforcement official determines that a notification would impede a criminal investigation or cause damage to national security. PBS is deemed to have become aware of the Breach as of the first day on which such Breach is known or with the exercise of reasonable diligence would have been known to any person other than the person committing the Breach who is an employee, officer, or other agent of the PBS. The notice must include the identification of the Individuals whose Unsecured PHI was the subject of the Breach; a brief description of what happened; the date of the Breach and the date of the discovery of the Breach, if known; a description of the types of Unsecured PHI that were involved in the Breach (such as full name, Social Security Number, date of birth, home address, account number, disability code, or types of information that were involved); any steps the Individuals should take to protect themselves from potential harm resulting from the Breach; a brief description of what CE and PBS are doing to investigate the Breach, mitigate losses, and protect against further Breaches; and contact procedures for Individuals to ask questions or learn additional information, which must include a toll free telephone number, email address, website, or postal address. Page 12 of 16 2.8 Mitigate Harmful Effects. To the extent practicable, PBS agrees to mitigate any harmful effects known to PBS that are caused by the inappropriate use or disclosure of PHI or a Breach of Unsecured PHI. 2.9 Require Compliance of Agents. PBS agrees to require any agents, including subcontractors, to agree to the same restrictions and conditions that apply to PBS throughout this Agreement, including implementing reasonable and appropriate safeguards to protect EPHI, provided that such agents perform a service that PBS agreed to perform for, or on behalf, of, under this Agreement and provided that that PBS provides PHI to such agents. 2.1.0 Provide Access to Information. To the extent PBS maintains the Designated Record Set, PBS agrees to provide access to PHI in the original Designated Record Set, during normal business hours, provided CE or the Individual delivers prior written notice to PBS, at least 20 days in advance of requesting such access, but only to the extent required by 45 CFR § 164.524. If PBS maintains an EHR, PBS shall provide such information in electronic format to enable CE to fulfill its obligations under Section 13405(e) of the HITECH Act. 2.11 Incorporate Amendments. Upon written request by CE or the Individual, to the extent PBS maintains the Designated Record .Set, PBS agrees to incorporate any amendment(s) to PHI in the original Designated Record Set that CE approves, pursuant to 45 CFR §164.526. 2.12 Make Available Information for Accounting of Disclosures. Upon written request by CE. PBS agrees to make available to CE information concerning disclosure of PHI by PBS or its agents that CE needs to provide an Individual with an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. To the extent required by PBS under Section 13405(c) of the HITECH Act, if CE uses or maintains EHRs, PBS will include in the accounting disclosures made for treatment, payment, or health care operations purposes through the EHR. PBS agrees to make available to the' Individual the information described above if properly requested by the subject Individual. Should an accounting of the PHI of a particular Individual be requested more than once in any twelve month period; PBS may charge a reasonable, cost-based fee. PBS shall have a reasonable time within which to comply with such requests and, in no case, shall access be required in less than 20 days after PBS's receipt of such request. PBS will maintain information in order to provide an Accounting going back a minimum of 6 years from the date of the request (3 years for accountings of disclosures from an EAR for treatment. payment, or health care operations purposes)_ 2.13 Restrict Disclosure ofPHI. Upon written request by CE on behalf of an Individual, PBS agrees to consider restrictions on the use or disclosure of PHI agreed to by CE. PBS will grant requests to limit disclosures to health plans for payment or health care operations purposes when the provider has been paid out of pocket in full for services or products as provided in Section 13405(a) of the HITECH Act. 2.14 Restrict exchange of PHI with violators. PBS will refrain from exchanging any PHI with any entity that the PBS knows has a pattern of activity or practice that constitutes a material breach or violation of HIPAA. Page t3 of 16 Article 5: 'Perm and Termination 5.1 Term. This Agreement is effective as of the date of execution of the Billing Agreement between PBS and CE and terminates when the term of the Billing Agreement (and any renewed periods of time) expires. 5.2 Termination for Cause. Upon one party's Imowiedge of a violation of a material term of the Agreement by the other party, the non- violating party shalt provide an opportunity for the other party to cure the breach or end the violation. The non - violating party may terminate this Agreement if the violating party has violated a material term of this Agreement and cure is not possible. If tenninatiorr is not feasible, the non - violating party must report the problem to the Secretary. 5.3 Return of PHI at Termination. Upon termination of the Billing Agreement, PBS shall, where feasible, destroy or return to CE all of the PHI provided by CE to PBS, or created or received by PBS on behalf of CE, in connection with the performance of PBS's Services. If it is not feasible to return or destroy PHI, the duties of PBS raider the Agreement are extended to protect the PHI retained by PBS. Notwithstanding any other limitation in this section, PBS agrees that it is not necessary to return or destroy PHI received from, or created or received by PBS on behatr" of CE, if patient authorizations permitting such retention have been executed. 5.4 Effect of Termination. Upon termination of the Billing Agreement, the protections of this Agreement will remain in force and PBS shall make no further use or disclosure of PHI except as required by law or for those purposes which made the return or destruction infeasible, including the proper management and administration of PBS's business and carrying out PBS's legal responsibilities. Article 6: General Provisions 6.1 Regulatory References. A reference in this Agreement to a Section in the HIPAA Rules or HITECH Standards means the Section in effect or as amended, and for which compliance is required. 6.2 Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits compliance with the HIPAA Rules and HITECH Standards. 6.3 Enforeeabiliiv. If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenferceability attaches only to such provision and does not in any way affect or render invalid or unenforceable any other provision of this Agreement. 6.4 Survival. The rights and obligations of PBS under this Agreement survive the termination of this Billing Agreement. 6.5 Amendment. PBS, at its discretion, may amend this Agreement from time to time, to comply with HIPAA the HITECH Act, its amendments, regulations, or other federal laws that may be promulgated and affect the provisions of this Agreement. Page 15 of 16 6.6 Communications. All notices or communications required or permitted pursuant to the terns of this Agreement shall be in writing. All such notices will be deemed given upon delivery by service or in person, on the third business day after deposit with the U.S. Postal Service, or on the first business day after sending by facsimile or email. Article 7: Red Flag Rules RED FLAG RULES: Pursuant to the requirements of the Identity Theft Red Flag Rules promulgated under the Fair and Accurate Credit Transactions Act of 2003 ( "Red Flag Rules ") found at 16 C.F.R Part 681, PBS agrees to assume the following obligations: a, PBS agrees to ensure that its activities for VILLAGE are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. b. PBS agrees to have in place policies and procedures to detect relevant Red Flags that may arise in the performance of services on behalf of VILLAGE. C. PBS agrees that it will take all steps necessary to comply with VILLAGE's Red Flag Rules compliance procedures. d. PBS will ensure that any agent or third party who performs services on its behalf in connection with VILLAGE's covered accounts, including a subntractor, agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft C. PBS agrees to alert VILLAGE of any red flag incident (as defined by the Red Flag Rules) of which it becomes aware, and the steps it has taken to mitigate any potential security compromise that may have occurred, and provide a report to VILLAGE of any threat of identity theft as a result of the incident. f. PBS authorizes termination of this Agreement if VILLAGE reasonably determines that Business Associate has violated a material teen of the Red Flag Rules provision, IN WITNESS WHEREOF, the parties have hereunto set their seal this _ day of VILLAGE OF MORTON GROVE PARAMEDIC BILLING SERVICES, INC. By: By: Its: Its: Page 16 of 16 Le6jslalpve Summary r Resolution I2 -06 _ AUTHORIZING THE INDEMNIFICATION OF THE STATE OF ILLINOIS FOR PHOTO ENFORCEMENT EQUIPMENT ATTACHED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FACILITIES Introduced: February 13,2012 Synopsis: The Village has a contract to instal I. maintain, and operate an Automatic Traffic Law Enforcement System to systematically issue citations for persons violating red signal I indications. In order to install these devices they will need to be attached to an Illinois Department of Transportation facility. IDOT is therefore requiring the State of Illinois be indemnified before this installation takes place on their facilities. Purpose: i To install, maintain, and operate an Automatic Traffic Law Enforcement System to systematically issue citations for persons violating red signal indications which will foster the public safety and welfare of the community. Background: Pursuant to Ordinance 09 -26. the Village of Morton Grove amended Title 5, Chapter 2A to as an Automated `Traffic Law Enforcement System (ATLES) within the Village of Morton Grove. Subsequent to that Ordinance, Resolution 09 -63 approved the execution of a contract with American Traffic Solutions for the installation of the ATLES. Pursuant to the Safety Engineering Policy Memorandum 2 -07, IDOT requires a permit before the ATLES equipment may be attached to any IDOT facilities. A resolution from the Village is therefore required to agree to indemnify the State of Illinois. Programs, Departments Police Department or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The Police Department will deliver this resolution and any needed supporting documentation to IDOT as part of their normal work activities. Admin Recommendation: Approval as presented. First Reading: N/A i Special Considerations or None Requirements: Respectfully submitted: f'f'i�bi — (y ✓✓�� _ Ryas %J. Horne: Village Administrator Pro Tem Prepared by Reviewed by: Teresa Hoffman tasfon. Corporation Counsel 2L Mark Erickson, Chief of Police AUTHORIZING THE INDEMNTIFICATION OF THE STATE OF ILLINOIS FOR PHOTO ENFORCEMENT EQUIPMENT ATTACHED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION FACILITIES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove is desirous of constructing certain facilities attached to the Illinois Department of Transportation (IDOT) facilities; and WHEREAS, the Illinois Department of Transportation has determined the attachment of photo enforcement equipment to its facilities may be permitted and is in the interest of increase the safety of the motoring public; and WHEREAS, pursuant to the Safety Engineering Policy Memorandum 2 -07, IDOT will issue a permit for the attachment of photo enforcement equipment to IDOT facilities provided IDOT has obtained a resolution from the V illaue of Morton Grove a� eehrg to indemnify the State of Illinois; and WHEREAS, the Village of Morton Grove deems it is in the best interest of the Village to adopt such a resolution to facilitate safety of the motoring public. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF I" RUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove agrees to indemnify and hold harmless the State of Illinois for any claims that may be made against the State of Illinois, its employees, agents, and the Illinois Department of Transportation as a result of the attachment and operation of photo enforcement equipment to IDOT facilities. SECTION 3: The Village Administrator, Police Chief and /or his designees are hereby authorized to take all steps necessary to convey this resolution to the Illinois Department of Transportation. SECTION 4: This Resolution shall be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rules or regulations. SECTION 5: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13`' day of February 2012 Trustetic DiMaria Trustee Gomberg Trustee Grear Trustee Marcus "Trustee Thill Trustee Toth APPROVED BY ME THIS 13f" day of February 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 14 °i day of February 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Le2isiafive Summary Resolution 12 -12 AUTHORIZING THE VILLAGE TO ACCEPT PLANNING STAFF ASSISTANCE DELIVERED BY THE CHICAGO (METROPOLITAN AGENCY FOR PLANNING Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Second Reading: February 13, 2012 This resolution authorizes the Village to receive planning services provided at no cost by the Chicago Metropolitan Agency for Planning (CMAP). The work will consist of review of the Village's industrial areas and related tasks, and ultimately completion of an Industrial Areas Plan for the Village. The Village, its Board of Trustees, and Community Development Department is seeking CMAP's assistance in developing all Industrial Areas Subarea Plan to outline methods in which the community can encourage and support the revitalization and possible repurposing of their existing industrial areas. 'file Village's 1999 Comprehensive Plan established land use and economic development policies for the community's industrial areas. It noted although these areas were stable and sound at the time, the Village needs to protect: these areas and maintain their long term viability. Since then, the Village has allowed portions of this area to be converted for mixed -use or residential as part of their CBD /TOD planning efforts. The Village is experiencing a decline in portions of its remaining industrial areas. Since the Village relies on that tax base and revenue generated by these properties and their employment opportunities, the Village feels it needs to ensure the longterm economic viability of the community, including the remaining industrial base, through sound planning and economic development practices. Through the Local Technical Assistance Program, the Chicago Metropolitan Agency for Planning (CMA) will assist the Village in the development of an Industrial Areas Subarea Plan. When completed, the Plan will be identified and adopted as an element of the Village's 1999 Comprehensive Plan. Community Development, Planning Commission, and the Economic Development Commission None N/A 'file Community Development Department shall administrate and monitor this contract as part of its normal workload. Approval as presented N/A Special Considerations or None Requirements: Respectfully submitted: Ryan .1. Horne, Village Administrator Pro Tern Prepared by: ` "�,� _ Prepared by: John D. Said, Community and Economic Development Director Teresa Corporation Counsel AUTHORIZING THE VILLAGE TO ACCEPT PLANNING STAFF ASSISTANCE DELIVERER BY TILE CHICAGO METROPOLITAN AGENCY FOR PLANNING WHEREAS, the Village of Morton Grove (the Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove has applied for staff assistance services through the Chicago Metropolitan Agency for Planning (CMAP) for an industrial areas plan; and WHEREAS, the Village's request for such assistance has been recommended by the CMAP as a priority project; and WHEREAS, the CMAP has adopted the GO T02040 Plan as the long -range regional comprehensive plan for the seven county Chicago region, encompassing Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will counties, and is providing staff assistance as a means of advancing the plan's implementation; and WHEREAS. the Village and the CMAP have agreed on the general contents of a Memorandum of Understanding and a Scope of Services that will guide staff assistance services to be provided by the CMAP. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WIIEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove supports the creation of an Industrial Areas Subarea. Plan. SECTION 3: The Village accepts the offer of staff assistance services by the CMAP. SECTION 4: The Corporate Authorities here authorizes staff to finalize and execute a Memorandum of Understanding with an attached Scope of Services. SECTION 5: The Village recognizes provisions that govern the administration of staff assistance services, and, if necessary, the discontinuance of such services, are included in the attached Memorandum of Understanding SECTION 5: This Resolution shall be in full force and effect from and after its passage and approval. PASSED this 13" day of February 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`" day of February 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14 "' day of February 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 233 South Aacker Drive ° Suite 800 Chicago Metropolitan Chicago, Illinois 60606 312 45 :. ,.. Agency for Planning www.c arming x0400 ww.cmao.iliinois.gov CMAP Local Technical Assistance program proposal Applicant: The Village of Morton Grove, its Board of Trustees and its Economic Development Committee is seeking CMAP's assistance in developing an industrial areas subarea plan to outline methods in which the community can encourage and support the revitalization of their existing industrial areas. Proiect Goals: 1. Establish the means for the Community to track, monitor, and analyze conditions found in the Village's industrial areas. 2. Identify barriers and opportunities effecting the viability and sustainability of Village's industrial areas. 3. Correlate how Village's industrial areas fiscally and physically impacts the Village's business community and residents. 4. Establish and coordinate public and private sector partners to address sub- regional issues affecting the viability of the Village's industrial areas. Topics to be considered: education /work force development coordination and planning; industry niche forecasting and attraction; and coordination with neighboring communities. S. Develop and prioritize recommended activities supporting public and private investment benefitting the Village's industrial areas. 6. Adopt an Industrial Subareas Plan as an element of the Village's 1999 Comprehensive Plan. Proposed Proiect Summary: The Village of Morton Grove's 1999 Comprehensive Plan established land use and economic development policies for the community's industrial areas. It noted that although these areas were stable and sound at the time, the Village needs to protect these areas and maintain their long term viability. Since then the Village has allowed Portions of this area to be converted for mixed -use or residential as part of their CBD /TOD planning efforts. The Village is experiencing continued decline of its remaining industrial areas. Since the Village relies on the tax base and revenue generated by these properties and their employment opportunities, the Village feels that it needs to protect its remaining industrial base and ensure its economic viability through sound planning and economic development practices. Through the Local Technical Assistance program, the Chicago Metropolitan Agency for Planning (CMAP) will assist the Village of Morton Grove in the development of an Industrial Areas Subarea Plan (the Plan). When completed, the Plan will be identified and adopted as an element of the Village's 1999 Comprehensive Plan. Potential Partners: Villages of Niles and of Skokie Oakton Community College Regional Transportation Authority (RTA) Urban Land institute (ULI) Illinois workNet Community and Economic Development Association of Cook County Cook County Bureau of Economic Development August 1, 2011, Revised 12/21/91 Page 1 of 1 The following is a proposed outline for your review of the steps to complete an industrial sub -areas plan for the Village of Morton Grove as part of the Chicago Metropolitan Planning Agency's (CMAP) Local Technical Assistance program. Approximate Timeline The following scope of work is designed to be completed in approximately 9 months, however, this timeline can change based upon a number of factors such as meeting schedules and availability of necessary data. Preliminary Scope of Work Step 1: Project Initiation The first step in the planning process is designed to "kick -off' the project. An overall goal of this initial step is to introduce CMAP staff assigned to this project with Village Staff, Plan Commission, and Village Board. I a: Staff Meeting — agreement upon scope of work, preliminary timeline, and copies provided of all relevant existing plans, studies, reports and GIS data. I b: Presentation at joint meeting of the Village Board, Plan Commission, Economic Development Commission and /or members of the Village selected Steering Committee (SC). I c: Steering Committee Meeting — Project Introduction and Expectations Dehverobies: Summary o {meetings and workshops Step 2: Community Outreach The second step is designed to identify community issues and opportunities impacting the study areas. 2a: Project Introduction Meeting with the subject areas' property, business owners and representatives from the Chamber of Commerce. 2b: Key community government representative interviews (ie Village, schools, part: districts, forest Preserve, etc...) Step is Existing Conditions An Existing Conditions Report will be created. The Report will establish an accurate and up -to -date snapshot of the subiect areas' existing conditions and will be used as a foundation for the remainder of this planning exercise. Potential sections of the report may include: 1 � �; Regional Context Analysis ® Previous Plans and Studies Summary ® Community Outreach Summary ® Demographic and market analysis + Existing Land Use and Zoning Overview e Transportation and Infrastructure Analysis ® Urban Design Analysis • Issues and Opportunities Summary The Existing Conditions Report will be provided to Village staff for review, and then presented to the Steering Committee for review. Vision, Goals and Objectives will be created Deliverables: Existing Conditions Report and Analysis presented to Staff and the Steering Committee Step k: Visioning Based upon the information collected during the previous steps, and a public Visioning Workshop, a Vision, Goals and Objectives will be created for the Industrial Areas Subarea Plan. 4a: Visioning Workshop — Existing Conditions Overview and small break out group charrettes. 4b: Vision Statement 4b: Goals and Objectives Step 5: draft Plan and Recommendations Based upon the results of the Existing Condition ReDOrt and the Visioning Workshop, a Draft Plan will be prepared. The Draft Plan will be presented to Staff and the Steering Committee for review prior to being presented for public comment. Sa: Creation of the Draft Plan, including implementation Strategies. Potential Sections within the Draft Plan may include: • Economic Development Strategies e Implementation Strategies and Funding ® Land Use and Development 6 Land Use Transition Plan 6 Natural Resources and Infrastructure Plan ® Public /Private Investment Opportunities /Concepts e Sustainability Plan ® Transportation and Circulation (veh, ped, rail, pace and parking) 6 Urban Design and Streetscaoing Plan 5b: Village Staff Review 2 AP =_ Sc: Steering Committee Review Sd: Public Open House Deliverabies: Draft Plan Step 6: Final Plan The final step will be formulation of a final document for formal adoption by the Village as a supplemental section of the community's 1999 Comprehensive Plan. 6a: Preparation of Final Plan 6b: Steering Committee meeting to endorse Final Plan 6c: Plan Commission - Public Hearing 6d: Village Board Discussion and Adoption oe: Publish Final Plan Deliverabies: Final Pion, electronic and hard copies, all data and information obtained and created during the planning process will be provided to the Village of Morton Grove. g�. Village of Morton Grove Industrial Areas Plan CMAP MOU Contents - Local Technical Assistance Program 12/21/2011 Please note: "LTA staff" means CMAP staff assigned to work with local governments and community groups as part of the Local Tedulical Assistance program. CMAP / applicant relationship • Scope of work for staff will be jointly determined by CMAP and applicant • All work performed by LTA staff must be related to work plan - the majority should be directly referenced within work plan, but some indirectly related activities are also permitted • Within overall scope of work, day -to -day reporting on activities will be to applicant (who should designate a lead person for this purpose) but LTA staff are CMAP employees and CMAP is responsible for evaluating their performance • Periodic check -ins (frequency to be determined based on need) between applicant and CMAP management - include discussion / evaluation of staff performance • CMAP will determine which of the relevant LTA staff will be assigned to work on the project (based on availability, skills, familiarity with the applicant community, and applicant preferences) Z. Access to resources • LTA staff will have full access to CMAP data and other resources, including specialized staff based at CMAP (for advanced mapping, data, outreach, communications, or topic - specific expertise) • The applicant will provide access to relevant staff who will need to be involved in the project, and will ensure that they allocate appropriate time • The applicant will provide access to all relevant internal data, reports, and other information • The applicant's leadership (key staff, plarming commissioners, board members, other elected officials, other dec=ision- makers) will commit to participate in the project and allocate sufficient time at meetings (Plan Commission meetings, Village Board meetings, etc) to ensure a successful project Demonstration of local support • Applicants will be required to pass a resolution supporting the project at their governing board before work will begin • The community will be responsible for wori<ing with CMAP to identify a project steering committee • The applicant agrees to participate in public outreach and engagement efforts; including assisting in dissemination of project and meeting information, attending and assisting at public meetings, and providing key stakeholder contact information 4. Project management • Project scope of work (including LTA staff work plans, fimelines, public engagement schedules, commitment of other non -staff resources by either CMAP or the applicant, and other elements) will be jointly determined by CMAP and applicant prior to beginning work • A full project scope of wort: must be attached to the MOU at the rime it is signed • Changes to project scope or timelines must be jointly agreed to by CMAP and applicant; major expansions of scope may result in discontinuation of project • AlIocation of LTA staff to each project will vary over time based on project timeline and work needs Legislative Summary Ordinance 12-01 _ AMENDING TITLE 5, CHAPTER 13, ARTICLE A -1, ENTITLED TRAFFIC SCHEDULES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: January 23, 2012 Synopsis: j To amend Title 5, Chapter 13, Article A -1, entitled Traffic Schedules of the Village Municipal Code Purpose: To establish stop control on eastbound Davis Street at its intersection with jLinder Avenue Background: The Traffic Safety Commission received a request from the Village of Skokie for stop signs at the intersection of Davis Street and Linder Avenue. Linder Avenue is the corporate boundary of the Village of Morton Grove and the Village of Skokie. The Village of Skokie intends to install a stop sign on westbound Davis Street at its intersection with Linder Avenue. The Traffic Safety Commission reviewed the request at their meeting on January 5. 2012. and recommended the Village establish stop control on eastbound Davis Street at its intersection with Linder Avenue, Programs, Departs or Groups Affected I Public Works, Engineering Division Fiscal Impact: The estimated cost for the new sign is approximately 550. Source of Funds: General Fund - Account No.: 025017 - 563130. Workioad Impact: The Public Works Department, as part of their normal work activities, will install the sign panels along with the Village of Skokie. Administrator's Approval as presented. Recommendation: Second Reading: Required — February 13, 2012 Special Consider or i f The Village of Skokie has taken action to establish stop signs on westbound Davis Requirements: Street, which will compierenttile stop sign on eastbound Davis Street. Respectfully submitted: / Reviewed by r' ? Ryan Horne, Pro Ter Prepared hy: L iv Reviewed by: Chris Torich, Vi lace Engineer Teresa Public Works Liston, Corporation Counsel Ordinance 12 -01 AMENDING TITLE 5, CHAPTER 13, ARTICLE A -1, ENTITLED TRAFFIC SCHEDULES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a hone rulee unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Limited to the power to tax and incur debt; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request from the Village of Skokie for stop signs on Davis Street at its intersection with Linder Avenue; and WHEREAS, the centerline of Linder Avenue is the corporate boundary of the Village of Morton Grove and the Villa,e of Skokie; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting held on January 5, 2012, at 7:30 p.m. at the Richard T. Flickinger Municipal Center, considered the above referenced request; and WHEREAS, notifications of the meetings were sent to residents and businesses in the area; and WHEREAS, the Traffic Safety Commission concurred with the Village of Skokie "s request and recommended the Village of Morton Grove establish stop control on eastbound Davis Street at its intersection with Linder Avenue: and WHEREAS, the Corporate Authorities have determined it is reasonable and appropriate to update and amend Title 5, Chapter 13, Article A. of the Municipal Code of the Village of Morton Grove as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as heremabove set forth. SECTION 2: Title 5, Chapter I3, Article A -1 of the Municipal Code is hereby amended to add the following: Street Direction At Its Intersection With Davis Street Eastbound Linder Avenue SECTION 3: The Director of Public Works is authorized and directed to take such action necessary to install and maintain the above mentioned signs as directed by the Village President. SECTION 4: This Ordinance shall be in full force and effect from and upon its passage and approval. PASSED this 13"' day of February 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 13 "' DAY OF FEBRUARY 2012 Daniel .l. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13`" DAY OF FEBRUARY 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cool: County, Illinois Legis a.t?'N /e Su, mrn2i'F' Resolution 1,2417 A )THORIZIN'G THE EXECUTION OF SEPARATE CONTRACTS `3r /fTtt PLATE CONSTRUCT ION, INC., PETER BA%LR ,-kM) SON COMPAI "% AND WEVEF:.MATERI ° L FOR THE 2012 MALTERLkL PURCHASING PROGRAM, svnorsis: P u "POSC: Background: Programs.. Depanmenis or Groups Affected - M kCal I mpaet: Source of Fonds: workload Impact: Administrator IkM)rP.Mendaeion: Second Readin!-: To audtoriae the Village Clerk to execute an aar�ment with Plote Ceus inc.. fetcr EaK r and Son Company and Me c Mateiia, LLC rn, tot 30_ Iviaterial Purchasing Prosrarr�. The 2Q12 Mater al Purchasing Prop *ram is n cessary for tine maintenan o 'ilI - Streets, and includes In" purchase of ;-lot -(viii Asphalt. Bituminous Patciiin� Mixture. and I'omland Cement Concrete. Each year the Village contracts with material supply contractors for the purchase of materials for projects within Morton Grove. A competitive bid process ir, accordance with the Villa"e's purchasing guidelines and Illinois Department o? Transponation's Motor Fuel Tax requirements was followed for this program- Oise bidder, Meyer Material Company, LLC, submitted a bid with errors related to the proper signature, date and address on the proposal forms. a properly endorse envelope and a proposal guaranty as required in the bid documents. My wer Material corrected these deficiencies with the bidding documents following the bid opening. The Village ilas the ri frht to waive technical deficiencies with these bids, and this esolution shall approve su:>h waivers. Public Wol De nlrlient The ;ISDmatc'o contract vanes aI'e at rollowid Plote Construction. Inc.— of -Mir, A.so 1 1, - 545 �?00 -- Peter Ba'<cr and Son Ca —Bituminous Pal -hin« M;Xndr° - 5-3.000 IJiever Material. L!_,C - $1 ?Y,0 Sin c-- all of the aoove contracts are uri` pr ice coot acts. the Tina; contract arum .rs Will be based on the actual auanriry of mai:ariais delivered. Motor Fuel Tas Fund Tile Puiiiic Vvorks lepartrnen' as par[ o f normal worm activities management and implementation of the urogram. Approval as oimss�ted, NtA Snecia€ Considerations or None. Requirements: � �l %r i ,u�:.taully ,au,7ittac < Rl an J ors .kihagreAdminmsr;mc) Pro Tem :°pared 'm' Feviewed 'o�: Claris Tomich, Village Engineer Tel.,sa HofTnitin _isto:i�C, otpo,atior n n. i kndN, DeMonte. Directoro *."Puhh- Works RESOLUTION 12 -07 AUTHORIZING THE EXECTITION OF SEPARATE CONTRACTS WITH PLC }TE CONSTRUCTION, INC., PETER BAKER ,ND SON COMPAI's'1 , AND MEYER MATERIAL: COMPANY, LLC FOR THE 2011. MATERIAL PURCHASING PROGRAM WHEREAS. the Village of Norton Grove (Village;. located in Cool: County. Illinois, is a home rule unit of government under theprovisions of Article 7 oi`the 1970 Constitution Oft the s't ofIllinois, and can exercise any power and pf-forin any function pertaining to its _roverlunent affairs. includinn but not in, iicd to the power to tax and incur debt; and WHEREAS, the 20'3 Miaterial Purchasing Pro(rran is necessary for the maintenance of Vil;a_e streets, and includes tine purchase. or 900 tons of hot -mir_ asphalt, 200 tons of bituminous patching mixture. and 180 cubic yards of Class SI toner etc; and WHER .AS. these material quantities are app; oxi mate and can be adiusted io meet the service ne%ds or financial limits deemed to be in the best interest of the ViIlane: and WHEREAS, the Public Works Department advertised in the January 19, 2013 issue of the Illinois Department ofTranspor anon Local Roads Conn actor Burictin 13 -0? inviting bidsr`or the VECaaze ofMorton Grove "2012 Material Purchasing Program ": and WHEREAS. this wor €: is required to conform to the requirements of the Prevailing Waae Act: anCL WI-1 EREAS, four bids were received,publiciv opened and read a, the Public Works Facility -at 10:00 a.m. oil Tuesday. January 31, 2.0I2, with tht tabulated bid results as follows Inoee, in order to evaluate +here bids on an equal footing, the bid prices have been adjusted to factor in the Village 's cost for picking -ur, 4h material at the bidder's taciIity ?: Bid for Hof -Mix Aisphait Mater ^a@ T otal Plot, Construction. Inc. $; 5.800.00 Arrow Road Construction Company 5;58.500.00 Peter Baker & Son Company 5;71.100.00 Bid for Asnhalt Patchier„ Material Total Peter Baker & Son Company 526.800.00 Arrow Road Construction Company $38,600.00 Bid for Class SI Concrete Tota€ Me)'er Material Comnany. LLC Si 7,2f,0.00 See atdached ­E j7 'A " - Tc ulation cf Bi s "for additiun�al details.) and WHEREAS, Meyer Material Company, LLC submitted a bid with errors related to the proper signature, date and address on the proposal forms, a properly endorsed envelope, and a proposal guanum as required in the bid documents; and WHEREAS, Meyer Material Company, LLC corrected these deficiencies with the bidding documents following the bid opening; and WHEREAS, the Village has the right to waive technical deficiencies with these bids; and WHEREAS, separate material proposals will be accepted for the lowest qualified bidder for each material item listed above to: Plote Construction, Inc. for hot -mix asphalt, Peter Baker & Son Company for asphalt patching and material, and Meyer Material Company, LLC for Class SI concrete; and WHEREAS, funding for the above work is included in the adopted Village of Morton Grove 2012 Budget as Motor Fuel Tax Fund Account Number 035060-563110 for the hot -mix asphalt and asphalt patching material items, and the Motor Fuel Tax Fund Account Number 035060 - 552330 for Class SI concrete: and WHEREAS, the lowest qualified bidders have performed work for the Village of Morton Grove in a satisfactory manner; and WHEREAS, the qualifications and availability of the lowest qualified bidders have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate tine foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby waive any and all tecimical deficiencies related to the bids of Plote Construction, Inc. of Hoffman Estates, Illinois for hot -mix asphalt, Peter Baker & Son Company of Lake Bluff, Illinois for bituminous patching material and Meyer Material Company, LLC of Des Plaines. Illinois for Class SI concrete. SECTION 3: The Village Clerk of the Village of Morton Grove is hereby authorized to execute the three agreements included in Exhibit "B" to consummate separate agreements with Plote Construction, Inc. of Hoffman Estates, Illinois for hot -mix asphalt, Peter Baker & Son Company of Lake Bluff, Illinois for bituminous patching material, and Meyer Material Company, LLC of Des Plaines, Illinois for Class SI concrete based upon their bids for the "2012 Material Purchasing Program." SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 1311' day of February 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13 "' day of February 2012. Daniel 1. Staackmamt, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 14 °i day of February 2012 Tony S. 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F F»�n v v3 e er F Fn e eFr e er e er v vrl y yr v vi v vrvr i is v vrin u ur e erler o v v e i i LL Ni0 t tD Z ZI mm � �� T T I Imo 0 0 D o c co D o of w w Exhibit Iffinois of • o ., • To Plote Construction, Inc. Address 1100 Brandt Drive, Hoffman IL 60192 Route County Local Agency Cook Morton Grove Section 12- 0000 -00 -GM In accordance with your Z proposal ❑ quotation submitted on 1131/2012 , a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the ❑ construction ® maintenance of the above designated work: Item Quantity Unit Price Amount Hot -Mix Asphalt Surface Course, Mix "D ", N50 900 $51.0000 $45.900.00 Terms Shipping Instructions F.O.B. Materials shall be inspected in accordance with current Departmental policies Approved Regional Engineer 5 copies to Regional Engineer Approved Original to Successful Bidder Date Issued 2/14/2012 Municipal Clerk Highway County Engineer / County Superintendent of Highways Page 1 of 1 BLR 12330 (Rev. 7/05) Printed on 2/2/2012 6:51:20 PM Exhibit " Illinois Department of Transportation Acceptance of Proposal to Furnish Materials and Approval of Award Route County Cook Local Agency Morton Grove Section 12- 0000 -00 -GM To Peter Baker and Son Company Amount Bituminous Patching Mixture, Group II 200 5115.0000 $23.000.00 PM Address 1349 Rockland Road, P.O. Box 1 B7, Lake Bluff, IL 60044 -0187 In accordance with your E proposal ❑ quotation submitted on 1/31/2012 , a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the ❑ construction ® maintenance of the above designated work: Item Quantity Unit Price Amount Bituminous Patching Mixture, Group II 200 5115.0000 $23.000.00 PM I I ILA "S Shipping Instructions F.O.B. Materials shall be inspected in accordance with current Departmental policies Date Issued 2/14/2012 Approved Municipal Clerk Regional Engineer Highway Commissioner 5 copies to Regional Engineer Approved Original to Successful Bidder County Engineer / County Superintendent of Highways Page 1 of 1 BLR 12330 (Rev. 7/05) Printed on 2/2/2012 6:50:10 PM Exhibit Department Illinois of Transportation To Meyer Material Company, LLC Address 580 S. Wolf Road, Des Plaines, 11160016 Acceptance of Proposal to Furnish Materials and Approval of Award Route County Cook Local Agency Morton Grove Section 12- 0000 -00 -GM In accordance with your Z proposal ❑ quotation submitted on 1/31/2012 , a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the ❑ construction Z' maintenance of the above designated work: Item Quantity Unit Price Amount Furnishing Class SI Concrete 180 $96.0000 Terms Shipping Instructions Materials shall be inspected in accordance with current Departmental policies Date Issued 2/14/2012 Approved Municipal Clerk Regional Engineer Highway Commissioner 5 copies to Regional Engineer Approved Original to Successful Bidder County Engineer / County Superintendent of Highways Page 1 of 1 BLR 12330 (Rev. 7/05) Printed on 2/2/2012 6:50:53 PM Legislati`7e Summary' Resolution 12 -08 APPROVING AN AGREEMENT FOR ACCESS TO COOK COUNTY GEOGRAPHIC INFORMATION SYSTEM DATA Introduced: February 13, 2012 Synopsis: To approve an agreement with Crook County to gain access to County 1 geographic information systems at no cost to the Village Purpose: To enhance cooperation and sharing of information between Cook County and the Village. (Background: � The Village maintains a geographic information system to manage many aspects of Village operations. Cook County also maintains a geographic information system that contains similar and additional pieces of data It benefits the Village to have access to Cook County 's data. Cooperation between and among governmental agencies and entities through intergovernmental agreements is authorized and encouraged by the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act. Cook County is willing to share the data at no cost to the Village, but regulates the use and distribution of the data through an intergovernmental agreement process. The Village executed this same agreement in 2010. i Programs, Departments Public Works. or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: N/A Administrator Approval as presented. Recommendation: First Reading: N/A Special Considerations or None Requirements: Respectfully submitted: fY% Reviewed by !& of Rydh J. Fforne, Village Administrator Pro Tem L,/Andy DeMonte. Director Public Works Prepared by: Reviewed by: -� p Chris Tomich, Village Engineer Teresa HoffmauVL�iston, Corporation Counsel r APPROVING AN AGREEMENT FOR ACCESS TO COOK COUNTY GEOGRAPHIC INFORMATION SYSTEM DATA WHEREAS, the Village ofMotion Grove (Village), located in Cook County, Illinois, is a home rile unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, in the performance of its general governmental responsibilities, the Village is constantly evaluating and accessing information regarding the physical and other attributes within the Village and adjacent to its boundaries; and WHEREAS, the Cook County Assessor's Office has a geographic information system ( "GIS ") database that it is willing to make available to the Village at no cost; and WHEREAS, GIS data sharing with the Cook County Assessor's Office will allow the Village to access GIS data from the Assessor that will facilitate the Village's decision- making process with respect to its management, provision, and maintenance of governmental services; and WHEREAS, cooperation between and among governmental agencies and entities through intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220 /1 etseg.; and WHEREAS, the Village and the Cook County Assessor have negotiated an Agreement for Access to Geographic Information Svstem in substantially the form attached to this Resolution as Exhibit A (the "Intergovernmental Agreement "); NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Board of Trustees hereby approves the Intergovernmental Agreement in substantially the form attached; provided that Village Administrator and Director of Public Works, in consultation with the Village Attorney, are authorized to finalize the Intergovernmental Agreement. Once finalized, the Villaee President or Village Administrator is authorized to execute the Intergovernmental Agreement and any other necessary documents required within the Intergovernmental Agreement on behalf of the Village. SECTION 3: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13`' DAY OF FEBRUARY 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 13rn DAY OF FEBRUARY 2012 ATTESTED and FILED in my office This 14`x' DAY OF FEBRUARY 2012 Tony S. Kaloacrakos, Village Clerk Village of Morton Grove Cook Comity, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois EXHIBIT "A" AGREEMENT FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM This AGREEMENT is entered into as of the 14 day of February , 20i2 , by and between Yort on Grove ( "Ae_ ency ") and the Cook County Assessor's Office (the "CCAO"), WITNESSETH: WHEREAS, the CCAO has developed a Geographic Information System (the "GIS ") consisting of cadastral data, planimetric data, assessment data, property images, digital orthophotography (aerial photos) and other data (collectively, such images, photos and data, "Assessor Data "); WHEREAS, portions of the GIS, and the related data dictionary, are copyrighted materials of the CCAO and /or Cook County of the State of Illinois ( "Cook County "); WHEREAS, some of the Assessor Data in the GIS is only available to the public and to commercial users for a fee, as permitted by law; the GI S WHEREAS, Agency has requested access to and license to use the GIS for use in performing its official functions (as set forth below); WHEREAS, the CCAO in the spirit of cooperation desires to make the GIS available, efficiently and without charge, to Agency for use in performing its official functions; and WHEREAS, Agency acknowledges and agrees that access to the GIS and/or Assessor Data is conditioned upon the agreement that access is provided as set forth in this Agreement solely for use in performing the official functions of the Agency, and that any other use, alteration, sale, dissemination, lease or transfer of the GIS and /or Assessor Data by Agency, or by any employee or agent of same, without written consent of the CCAO is strictly prohibited, and shall be deemed to warrant immediate termination of this Agreement, as well as entitle the CCAO to pursue any other remedies to which it is entitled. NOW, THEREFORE, in consideration of the mutual promises and covenants and the terms and conditions hereinafter set forth, and other- good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION I. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein.. SECTION 2. STATEMENT OF OFFICIAL PURPOSES: RESTRICTIONS ON USE For purposes of this Agreement, Agency represents and warrants as its official purpose for access to the GI S and Assessor Data as stated in Exinibit A and incorporated herein. Agency agrees that access to the GIS and/or Assessor Data is conditioned upon and provided as set forth in this Agreement solely for its use in performing its official purposes (as described in Exhibit A). Any other use of the GIS or Assessor Data, without express written consent of the CCAO, is strictly prohibited, including the display, sale, transfer, lease, dissemination or lease of the GIS or Assessor Data in any location or manner in its current form, derivative or altered form, or otherwise. Any such prohibited use shall be deemed to be a breach which warrants immediate termination of this Agreement. This Section shall survive the termination of this Agreement. SECTION 3. INF'OR,MATION PROVIDED The CCAO agrees to provide Agency access to the GIS and Assessor Data only upon tine conditions and based upon the representations and warranties set forth in this Agreement. In order to obtain specific Assessor Data, Agency must request Assessor Data by filing the attached exhibits with the Department of Automation of the CCAO (each such request, an "Information Reauest"). Each Information Request is subject to approval of the CCAO. SECTION 4. LIMITER LICENSE TO USE Subject to the provisions of this Agreement, the CCAO hereby grants to Agency a non- exclusive, non - transferable license to use the Assessor Data only as specifically provided for in this Agreement. Agency acknowledges that the title, copyright and all other rights to the GIS and Assessor Data remain with the CCAO and/or Cook County. Neither Agency nor any other authorized user shall have any right, title or interest in the GIS or Assessor Data except as expressly described herein. The CCAO reserves the right to withdraw from the GIS and/or Assessor Data any item or part of an item for which it no longer retains ownership rights or which it has reasonable grounds to believe infringes copyright or is unlawful or otherwise objectionable. SECTION 5. TERM AND EXTENSION. This Agreement is for one year, effective from the date of execution. It will be extended annually for terms of one year each, unless, at Least 30 days prior to the expiration of any term, either party notifies the other in writing of its intent not to renew the Agreement. SECTION 6. DISCLAIMER OF WARRANTIES. The GIS and the Assessor Data is provided as is" without any warranty or representation whatsoever, including any representation as to accuracy, timeliness, completeness, infringement of rights of privacy, copyright or trademark rights or disclosure of confidential information. All burdens, including any burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use, rests solely on Agency and /or the requester. The CCAO and Cook County make no warranties, express or implied, as to the use of the GIS. There are no implied warranties of merchantability or fitness for a particular purpose. There is no warranty to update any of the information provided hereunder. THE CCAO AND COOK COUNTY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) RELATING TO THE GIS AND /OR ASSESSOR DATA, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 2 EXHIBIT "All PURPOSE. Agency acknowledges and accepts the including the fact that the GIS and Assessor Data maintenance, correction and update. SECTION 7. LIMITATION OF LIABILITY. IABILITY limitations of the GIS and the Assessor Data, are dynamic and are in a constant state of AGENCY EXPRESSLY AGREES THAT NO MEMBER, OFFICIAL, EMPLOYEE, REPRESENTATIVE OR AGENT OF THE CCAO OR COOK COUNTY, OR THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, SHALL BE LIABLE, WHETHER INDIVIDUALLY OR PERSONALLY OR OTHERWISE, TO AGENCY OR ANY OTHER PERSON OR ENTITY, OR THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, FOR ANY LOSS OR CLAIM, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL DATA OR IN THE EVENT OF ANY DEFAULT OR BREACH BY THE CCAO UNDER THIS AGREEMENT OR ANY INACCURACY OF THE GIS OR ASSESSOR DATA, IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE THE GIS AND /OR ANY ASSESSOR DATA. SECTION &. AGENCY INDEMNIFICATION. Agency agrees to hold harmless and indemnify the CCAO and Cook County, its commissioners, officers, agents, employees, representatives and affliates, and their respective heirs, successors and assigns, from and against, and defend, at its own expense (including reasonable attorneys', accountants' and consultants' fees), any suit, claim, action or proceeding brought by any third party against the CCAO, Cook County or any commissioner, officer, agent, employee, representative or affiliate of the CCAO or Cook County arising out of or incident to the performance or nonperformance of this Agreement by CCAO, Cook County, Agency or any other entity. To the extent that tine CCAO or Cook County incurs administrative expenses including attorneys' fees during Agency's defense of any claim. Agency shall reimburse the CCAO or Cook County, as appropriate, for all such expenses. The provisions of this Section shall survive the termination of this Agreement. SECTION 9. APPLICABLE LAW This Agreement shall be interpreted and construed in accordance with, and governed by, the laws of the State of Illinois, excluding any such laws that might direct the application of the laws of another jurisdiction. Venue shall be in a court of competent jurisdiction located within the County of Cook, Illinois. The CCAO and Agency each acknowledge the existence of state and other applicable law defining the duties and responsibilities of each party regarding real estate taxation and other governmental functions. No part of this Agreement has the effect of or is intended to impact any applicable legal duty of either party under existing law, especially the Illinois Property Tax Code, 35 ILCS 200/1 et sea. Both parties remain responsible under applicable law for performing all stated duties and responsibilities. 3 SECTION 10. CONFIDENTIALITY Agency acknowledges and agrees that information regarding this Agreement, and portions of the GIS and Assessor Data and other information disclosed hereunder, is confidential and shall not be disclosed, directly, indirectly or by implication, or be used by Agency in any way, whether during the tern of this Agreement or any time thereafter, except solely in accordance with the official purposes set forth above. All such Assessor Data and the GIS shall be treated in confidential manner, except as otherwise expressly stated in a written document. SECTION I1. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, in relation to the matters dealt with herein. There are no representations, warranties, collateral agreements or conditions to this Agreement, except as expressly stated in this Agrecment. (b) The section headings are for reference and information purposes only, and shall not affect in any way the meaning or interpretation of this Agreement. References to singular shall include the plural and to plural shall include the singular. References to a person shall include a corporate or government body. Words such as "includhig" and similar expressions shalt not be read as words of limitation. IN WITNESS WI-IEREOF, the parties have executed this Agreement by their respective authorized representatives as of the date first written above. COOK COUNTY ASSESSOWS OFFICE Michael Stone Signature: Chief Deputy Assessor Ryan Horne Cook County Assessor's Office Print Name Title: village Agency Name: 4 Administrator Morton Grove Telephone Number: 847- 663 -3001 Exhibit E%: Statement of Official Purpose Our community's GIS system holds over 300 feature classes, many of which are supported by county GIS data. This request for county GIS data helps keep our data current, supports our processes of creating and viewing maps, selecting and querying database information, analyzing geographic data, using directly with other community data, deriving additional information, and displaying in community applications. EXHIBIT "All Exhibit B: Assessment Data Morton trove data based on the following ( "Aeencv ") hereby requests access to assessment data in accordance with Assessor's Office the Agreement, (the "CCAO"), dated February 14 2 ell , between Agency and the Cook County The CCAO has developed a file of assessment data, which is maintained on the Cook County Mainframe. The CCAO will make the file of assessment data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agreement. A data dictionary is available upon request. Agency requests assessment data based on the following geographic area (select area by cotnpletina one of the blanks below): ❑ Tax Codes: Municipality: Morton Grove with a one mile buffer ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Township: Reouested by Name: Ryan Horne Signature: Bate: February 14 2012 6 Exhibit C: Property Images Morton Grove (" Agency") hereby requests access to property images in accordance with the Agreement, dated February 14 2012 between Agency and the Cook County Assessor's Office (the "CCAO "). The CCAO has developed a computerized database of property images. The CCAO will make this computerized database of property images available to Agency in JPEG format, subject to the terms and restrictions and Iimitations as set forth in the Agreement. In addition to the property images, the CCAO will provide a file containing Permanent Index Number(s), property image capture date, and a list of Permanent Index Number(s) that have no property image assigned. A data dictionary is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Year 1998 Photos ❑ Year 2007 Photos Not requested Reouested by Fame: Ryan Horne Sianature: Hate: February 14 2012 7 EXHIBIT "A" Exhibit D: Digital Orthonhotogranhv (Aerial Photos) Morton Grove ( "Agency ") hereby requests access to digital orthophotography (aerial photos) in accordance with the Agreement, dated February 14 2012 between Agency and the Cook County Assessor's Office (the "CCAO "). The CCAO has developed a computerized database of digital orthophotography (aerial photos). 'file computerized database of digital orthophotography for Cook County contains 4,486 tiles. The CCAO will make the computerized database of digital orthophotography available to A(lency, sub)ect to the . terms and restrictions and Iimitations as set forth in the Agreement. The digital orthophotgraphy will be provided in .tif or Ad format. In addition to the digital orthophotography, the CCAO will provide a shapefile containing an index of all the tiles for Cook County. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blaril<s below): ❑ Municipality: ❑ Township: ❑ Year 1998 Photos ❑ Year 1.003 Photos Net requested Requested €ry Name: Ryan riorne Signature: Date: February 14 2012 8 EXHIBIT "All Exhibit L. Planinmetrie data Morton trove ( "Agency ") hereby requests access to planimetric data in accordance with the Agreement, dated February la 2012, between Agency and the Cook County Assessor's Office (the "CCAO 11). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database consists of both planimetric data and cadastral data. The CCAO will make the computerized database of planimetric data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agreement. The planimetric data is maintained using ESRI's ArcGIS software and is in a geodatabase format specific to ESRI's product fuse. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ❑ permanent Index Number range: Attach additional sheet if necessary ❑ MunicipaIity: ❑ Township: Not requested Retauested by Name: Ryan Borne Signature: Date: February 14 2012 9 EXHIBIT 1All Exhibit Ir: Cadastral data Orton Grove ( "A =encv' ") hereby requests access to eadastral data in accordance with the Agreement, dated riebruar_y 14 2o1a, between Agency and the Cook County Assessor's Office (the "CCAO "). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database consists of both planimetrie data and cadastral data. The CCAO will make the computerized database of cadastral data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. The cadastral data is maintained using ESRI's ArcGIS software and is iv a geodatabase format specific to ESRI's product line. Metadata is available upon request. Agency requests assessment data based on the following geographic area (select area by completing one ofthe blanks below): ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Township: Not req" esteG Reuuested by Name' Ryan Horne Signature: Date: February 14 2012 10 i►:4;ff. Am Exhibit G: Diaital Terrain data Morton trove ( "A —�,TencY ") hereby requests access to digital terrain data it accordance with the Agreement, dated Fehr, ary 14 2012, between Agency and the Cook County Assessor's Office (the "CCAO"). The CCAO has developed a computerized database of geographic information system (G1S). This computerized database includes digital terrain data. The CCAO will make the computerized database of digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ❑ Municipality: ❑ Township: Not iecraested Re€tuested by Name: Ryan Hone Signature: Date: February 142012 MEMO�iN Exhibit ii: Lidar data Morton Grove (" A�enev ") hereby requests access to lidar data in accordance with the Agreement, dated February i4 2012, between Agency and the Cook County Assessor's Office (the " CCAO" ). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database includes lidar data. The CCAO will make the computerized database of digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ❑ Municipality: ❑ Township: Not reauested Reguested by NaMe: Ryan Horne Signature: Date: February 14 2012 12 EXHIBIT "A" Exhibit I: Oblique Aerial Imagery Morton Grove _ ( "Agent ") hereby requests access to oblique aerial imagery in accordance with the Agreement, dated February 14 2012 between Agency and the Cook County Assessor's Office (the " CCA ). The CCAO has developed a computerized database of geographic information system (GIS). This computerized database includes Oblique Aerial Imagery data. The CCAO will make the computerized database of Oblique Aerial Imagery data available to Agency, subject to the terms and restrictions and Iimitations as set forth in the Agency Agreement. Agency requests assessment data based on the following geographic area (select area by completing one of the blanks below): ❑ Municipality: ❑ Township: Not requested Requested by ]Name: Rvan Horne Signature: Date: February 14 2012 13 February 14 2012 Cook County Assessor's Office Attn.: Chief Legal Counsel 118 North Clark Street Room 312 Chicago, Illinois 60602 Re: Consultant Letter Inter-Agency Agreement between the Cook County Assessor's Office and Morton Grove ( "Agency "), dated February 14 2012 Dear Chief Legal Counsel: This letter concerns the agreement listed above (the "Agreement ") and i s an acknowledgement by Municipal GIS Partners, Inc. ( "Consultant ") of its obligations under the Agreement. Consultant has received and reviewed the Agreement, pursuant to which the Cook County Assessor's Office has agreed to provide certain data to Agency. Consultant wishes to receive such data on behalf of Agency as agent for Agency and agrees at all times to act in accordance with the Agreement, including, but not limited to, the data request procedures described in the Exhibits to the Agreement. Without affecting the liability of Agency under the Agreement, Consultant agrees to indemnify the Cook County Assessor's Office for breaches by Consultant of the Agreement as if Consultant were an original party to the Agreement (replacing the word Agency with Consultant), all in accordance with Section 8 of the Agreement. This letter is being given by Consultant to induce the Cook County Assessor's Office to deliver to Consultant such data or to have such data forwarded to Consultant. Sincerely, Thomas A. Thomey President, Municipal GIS Partners, Inc. February 14 2012 Cook County Assessor's Office Attn: Chief Legal Counsel 118 North Clark Street Room 312 Chicago, Illinois 60602 EXHIBIT "A" The Geographic Information System Consortium www.GISConsortium.org Re: Consultant Letter Inter- Agency Agreement between the Cook County Assessor's Office and Morton Grove ( "Agency "), dated February 14 2012 Dear Chief Legal Counsel: This letter concerns the agreement listed above (the "Agreement ") and is an acknowledgement by the GIS Consortium ( "Consultant ") of its obligations under the Agreement. Consultant has received and reviewed the Agreement, pursuant to which the Cook County Assessor's Office has agreed to provide certain data to Agency. Consultant wishes to receive such data on behalf of Agency as agent for Agency and agrees at all times to act in accordance with the Agreement, including, but not limited to, the data request procedures described in the Exhibits to the Agreement. Without affecting the liability of Agency under the Agreement, Consultant agrees to indemnify the Cook County Assessor's Office for breaches by Consultant of the Agreement as if Consultant were an original party to the Agreement (replacing the word Agency with Consultant), all in accordance with Section 8 of the Agreement. This letter is being given by Consultant to induce the Cook County Assessor's Office to deliver to Consultant such data or to have such data forwarded to Consultant. Sincerely, Z �l Jon Duddies President, GIS Consortium Creat=ing Vaiue through Collaboration EXHIBIT "A" .,may, Nu '840 iN- Nagle Dam el pi one 547 47fl ->`rZ'M February 1. <_ 2613 Cool: County Assessor's Office Attn: Chief Legal Counsel 118 North Clark Street Room 312 Chicago, Illinois 60602 Re: Cover Letter Inter - Agency Agreement between the Cook County Assessors Office and More:;:: c, -ova ( "Agency "), dated s'ebx-na.,,% k] 2012 Dear Chief Legal Counsel: Please accept this letter and at tachments in consideration of the Inter - Agency Agreement between the Cook County Assessor's Office and the Morton Grove The Ncrco:, trove is a local government within Cook County. I have full authority to acf on behalf of the Morton Grove We participate in an organization called the GIS Consortium which was formed in 1998 to help small- and medium -size communities realize the full benefits of Geographic Information Systems (GIS). The GIS Consortium consists of only local government members, of which the majority are located in Cook County. E acn community possesses it own hardware and software, and all activities relating to the use of this data are performed under the direct supervision of the communities. Our community's GIS system holds over 300 feature classes, many of which are supported by county GIS data. This request for county GIS data helps keep our data current, and supports our processes of creating and viewing maps, selecting and querying database information, analyzing geographic data, using directly with other community data, deriving additional information, and displaying in community applications. I want to ensure you that the use of this information is limited as required by the county agreements. If you have any additional requirements or questions, please call me at 607-1663 -3002 or contact me by email at rhorneran,ortongroveii. o, G Sincerely. Signature Ryan Home Wllage Admiaictrator Name /Title C3 ' F'4C1 1.. !. C-1, EXHIBIT "Alf c age *,,, r ai aaY v T$.4 2 ks_`�d` li Wi.t ilk .... -- 7840 Pd. vv , t" ar r ,' ',l "., °fivg nnri..e 847-470-`-` 3" ram 847196�-Oc�'J Pebr'.L911' ?.4 20;.2 Cook County Assessor's Office Attn: Chief Legal Counsel 118 North Clark Street Room 312 Chicago, Illinois 60602 Re' Agency Letter Inter - Agency Agreement between the Cook County Assessors Office and Orton c, ove (:'Agency "), dated February - Dear Chief Legal Counsel: This letter concerns the agreement listed above (the "Agreement ") and is a request that either the Cook County Assessor's Office send Assessor Data (as that term is defined in the Agreement) directly to Municipal GIS Partners, Inc: ( "Consultant ") or that Agency be allowed to forward Assessor Data to Consultant directly or through one of its agents. Agency hereby authorizes Consultant to act for Agency and in Agency's name with respect to those certain Exhibits attached to the Agreement, including, but not limited to. the completion and execution of such Exhibits. Agency will at all times remain liable under the Agreement and any Exhibits, including, but not limited to, any Exhibits completed and executed by Agency and/or Consultant, subject to the terms of the Agreement. This letter Is being written to induce the Cook County Assessors Office to deliver Assessor Data to Consultant or to grant permission that Agency be allowed to forward Assessor Data to Consultant. Sincerely, Signature __ fic,:ne V_.11ace Aam- nis=-a Col. Nanre /Title rl, :. 10 i tr,a 'k Ln'u 'il,trr:v �.' .i.izx 6011 i 1-1 Legislative Summary — — -- Resolution _1__ x -Q9 AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND A TIERED APPROACH TO CORRECTIVE - ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN BUCHANAN ENERGY (N), LLC AND THE VILLAGE OF MORTON GROVE RELA'T'ING TO THE PROPERTY LOCATED AT 7971 GOLF ROAD Introduced: I February 13, 2012 Synopsis: The Highway Authority Agreement to be approved pursuant to this resolution will limit access to soil on Washing on Street which might be contaminated as a result of underground storage tanks which are or were at 7971 Golf Road. The supplemental agreement requires ExxortMobil 10170Buchanan Store #415 to indemnify and hold the Village harmless from losses directly or indirectly arising out ofor in f connection with the release of contaminants from the site, or the existence of contaminants from the site and to reimburse the Village. Purpose: This Highway Authority Agreement is a requirement of the IEPA in order for the property owners at 797' Golf Road to receive a no further remediation letter and will protect human health, and the environment in the event there are contaminants within the right -of -way. Background: ExxonMobil 10170 /Buchanan Store #415 owns a gas station located at 7971 Golf Road. At one time underground storage tanks were present at the site and contaminants were released from the underground storage tanks. ExxonMobii 10170 /Buchanan Store 41415 has the responsibility of removing these contaminants to IEPA standards. In order for EaxonMobil 10170 /Buchanan Store #415 to receive a no further remediation letter from the IEPA, the agency requires ExxonMobil 10170 /Buchanan Store #415 and the Village to enter into a Highway Authority Agreement with respect to that part of Washington Street near the gas station. The Highway Authority Agreement will prohibit potable and domestic uses of ground water within the right -of -way, limits access to the Village and others to soil within the right-of- way, with respect to conditions where human health and the environment are protected. The Agreement does not prohibit the Village from constructing, reconstructing, improving, repairing, or maintaining the right -of -way. The Agreement shall remain effective until the right -of -way is demonstrated to be suitable for unrestricted use and the IEPA issues a no further remediation letter. This resolution will also approve the supplemental agreement between Buchanan Energy (N), LLC and the Village whereby Exxon Mobil 10170 /Buchanan Store 4415 will reimburse the Village for reasonable costs incurred in performing site investigations and for costs incurred by the Village to remove any contaminants, and will indemnifv and hold the Village harmless for any loss associated with the release of contaminants or the existence of contaminants in the right -of -way. Programs, Departs Public Works Department, and Legal Department or Groups Affected I Fiscal Impact: None Source of Funds: N/A Workload Impact: I The Public Works Department shall administrate and monitor this contract as part of its normal workload. Admin Recommend: Approval as presented. Second Reading: Not required Special Consider None, % or Require..,...". Respectfully submitted - Prepared by: Ryan J. Hort) , Vill ge A tninistrator Pro Tent Teresa Hoffman Lis It, Uorporation Counsel Reviewed b5. x 11 : . 11 - ". ,/ Andy DeMonte, Public Works Director AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND A TIERED APPROACH TO CORRECTIVE - ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN BUCHANAN ENERGY (N), LLC AND THE VILLAGE OF MORTON GROVE RELATING TO THE PROPERTY LOCATED AT 7971 GOLF ROAD WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, ExxonMobil 10170Buchanan Store #415, also referred to in this agreement as owner /operator are the owners or operator of that property commonly known as 7971 Golf Road, Morton Grove, Cook County, Illinois (the site); and WHEREAS, underground storage tanks presently are or formerly were located at tike site; and WHEREAS, ExxonMobil 10170 /Buchanan Store 1415 has completed an evaluation of the site and has detennined there is no risk to human health and the environment with the use of proper institutional controls; however, soil and ground water concentrations at the property boundaries may extend into the right -of -way of Washington Street; and WHEREAS, Washington Street is a Village owned right -of -way under the Village's jurisdiction; and WHEREAS, as a result of one or more releases of contaminants from the referenced underground storage tanks, soil andlor ground water contamination at the site exceeds the Tier One Residential Remediation Objectives of 35 III. Admin. Code Part 742; and WHEREAS, the soil and /or ground water contamination exceeding Tier One Residential Remediation Objectives extends or may extend into the Village owned public right -of -way, and WHEREAS, the owner /operator is conducting connective action in response to the above referenced releases; and WHEREAS, the parties desire to prevent ground water beneath the Village 's right -of -way which exceed Tier One Residential Remediation Objectives from use as a supply of potable or domestic water and to Limit access to soil within the right -of- -way which exceeds Tier One Residential Remediation Objectives, and WHEREAS, the Illinois Environmental Protection Agency has required the owner /operator to enter into the attached Highway Authority Agreement with the Village of Morton Grove in order to receive a closure letter; and WHEREAS, the Highway Authority Agreement will protect human health and the environment; and WHEREAS, the Supplemental Agreement will reimburse the Village for any costs which it incurs regarding the investigation or removal of contaminants, and will indemnify and hold the Village harmless from any loss associated with the release of contaminants from the site or the existence of contaminants in the right -of -way; and WHEREAS, the Corporate Authorities believe it is in the best interest of the health, safety, and welfare of the community to enter into these agreements. NOW. THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 3: The Corporate Authorities of the Village of Morton Grove hereby approve the attached Highway Authority Agreement and Tiered Approach to Corrective Action Objectives Supplemental Agreement between Buchanan Energy (N), LLC and the Village of Morton Grove relating to that property commonly known as 7971 Golf Road, Morton Grove, Illinois, and regarding the Village's right -of -way commonly known as Washington Street. SECTION'): The Director of Public Works and/or his designee is hereby authorized to execute, and take all steps necessary to implement and enforce the agreements. SECTION 4: This resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 27"' day of February 2012. Trustee DiMaria Trustee Trustee Trustee Trustee Trustee Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 27 °' day of February 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 28'' day of February 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT This Supplemental Agreement ( "Supplemental Agreement ") to establish obligations of Buchanan Energy (N), LLC is entered into this day of by and between } Buchanan Energy (N), LLC and the Village of Morton Grove,. Illinois ( "Village "), as follows: 1. This Supplemental Agreement is not binding upon the Village until it is executed by the undersigned representative of the Village and, prior to execution, this Supplemental Agreement constitutes an offer by Buchanan Energy (N), LLC. The duty authorized representative of Buchanan Energy (N), LLC has signed this Supplemental Agrcement and this Supplemental Agreement is binding upon them, their successors and assigns until such time as the Illinois Protection Agency ( "IEPA ") has approved the attached Highway Authority Agreement (`HAA ") [Attachment 11 as an institutional control for the Site (as defined below) and for the closure of the Incident (as defined below). 2. Buchanan Energy (N), LLC is pursuing a corrective action of the property commonly known as ExxonMobil 10170 (05- Bi:)3) /Buchanan Store 9415, 7971 Golf Roast, Morton Grove, Cook County, Illinois ( "Site "), and of the Washington Street right -of -way adjacent thereto (the "Right -of- Way "), as depicted in Attachment I as 'Exhibit C as set forth below. 3. Attached to the HAA as Group Exhibit d3 are tables prepared by Buchanan Energy (N), LLC showing the concentration of contaminants of concern (" Contaminants") in soil and /or groundwater within the Site, and which show the applicable Tier I soil rerediation objectives for residential property and Tier I objectives for groundwater of the Illinois Pollution Control Board ('IPCB "). Attached to the HAA as Exhibit C is a drawing prepared by Buchanan Energy (N), LLC which depicts the Right -of -Way and shows the area of estimated Contaminant impacted soil and/or groundwater where, at the time of this Supplemental Agreement, Contaminants are estimated to exceed the Tier 1 residential levels under 35 III. Admin. Code Part 742. As the drawings in the Exhibits are not surveyed plats, the boundary of the Right -of- Way in the Exhibits may be an approximation of the actual Right -of -Way lines. It is impracticable to sample the Right -of -Way for Contaminants; however, the parties believe that the area of the Right -of -Way is adequate to encompass soil and /or groundwater within the Right - of -Way possibly impacted with Contaminants from a release at the Site. 4. The Illinois Emergency Management Agency has assigned incident number 20041514 to the release at the Site ( "Incident "). 5. Buchanan Energy (N), LLC intends to request risk- based, site specific soil and/or groundwater remediation objectives from the Illinois Environmental Protection Agency ( "IEPA ") under 35 III. Admin, Code Part 742. (Original Issue Date. 10 /10) 6. Under these rules, use of risk- based, site specific remediation objectives in the Right -of -Way may require the use of a Highway Authority Agreement as defined in 35 III. Admin. Code Section 742.1020. 7. The Village holds a fee simple interest or a dedication for highway purposes in the Right -of -Way, or the Right -of -Way is a platted street, and has jur sdiction of the Right -of- Way. For purposes of this Supplemental Agreement, "jurisdiction" means that the Village exercises access control over the use of groundwater beneath the Right -of -Way and over access to the soil beneath the Right -of -Way because it requires a permit for that access. 8. This Supplemental Agreement is intended to establish the undertakings of Buchanan Energy (N), LLC to the Village for the purpose of providing the HAA in the form required by the IPCB to the IEPA which establishes that the Village is willing to agree that it will not allow the use of groundwater under the highway Right -of -Way as a potable or other domestic supply of water and that it will limit access as described herein to soil under the highway Right - of -Way that is contaminated from the release at levels above residential Tier I remediation objectives. 9. This Agreement shall be null and void should the IEPA not approve the HAA or should it not be referenced in the "No Further Remediation" determination. 10. The Village has agreed to certain obligations in the HAA as set forth in paragraphs 6 through 12 of document which it will undertake subject to the terms of this Supplemental Agreement. 11. Buchanan Energy (N), LLC agrees to indemnify and hold harmless the Village, and other highway authorities, if any, maintaining the highway Right -of -Way by an agreement with the Village, and the Village's officers, agents, contractors, or employees from and against any losses, liabilities, damages, claims, judgments and actions, including attorney's fees and court costs, directly or indirectly arises out of or in connection with, or in any way associated with, the release of Contaminants from the Site or the existence of Contaminants in the Right -of- Way. 12. Buchanan Energy (N), LLC agrees to reimburse the Village for the reasonable costs it has incurred, if any, prior to the execution ofthis Supplemental Agreement in protecting human health and the environment including, but not limited to, identifying, investigating, handling, storing and disposing of contaminated groundwater in the Right-of-Way as a result of the release of Contaminants at this Site. 13. This Supplemental Agreement shall be binding upon all successors in interest to Buchanan Energy (N), LLC and to all successors to the interest of the Village in the highway Right- of- Way. .A successor in interest of the Village would include, without limitation, a highway authority to which the Village would transfer jurisdiction of the highway. 14. Violation of the terms of this Supplemental Agreement by Buchanan Energy (N), LLC, or its successors in interest, may be grounds for voidance of this Supplemental (Orwnai Issue Date: 10/1M Agreement and the HAA. Violation of the terms of this Supplemental Agreement or the HAA or both by the Village will not void this HAA unless the IEPA has determined that the violation is grounds for voiding the HAA and the Village has not cured the violation within such time as IEPA has granted to cure the violation. 15. This Supplemental Agreement shall continue in effect from the date hereof until: (a) the Right -of -Way is demonstrated to be suitable for unrestricted usc; (b) there is no longer a need for the HAA; and (c) the IEPA, upon written request by Buchanan Energy (N), LLC and with notice to the Village, has amended the notice in the chain of title of the Site to reflect unencumbered future use of the highway Right -of -Way. 16. This Supplemental Agreement is in settlement of claims the Village may have arising from the release of Contaminants into the Right-of-Way associated with the htcident. 17. Neither this Supplemental Agreement nor the HAA limits the Village's ability to construct, reconstruct, improve, repair, maintain and operate a highway or utility facilities upon its property ( "Work ") or to allow others to use the highway Right -of -Way by permit. To that extent, the Village reserves the right and the right of those using its property under permit to remove contaminated soil or groundwater, as may be reasonably necessary for the Work, from those portions of its Right -of -Way in which, at the time of this Agreement, Contaminants exceed the Tier 1 residential remediation obiectives, and to dispose of such Contaminants, all as the Village or those using its property deem appropriate and not inconsistent with applicable environmental regulations (" Remediation Activity' "). However, prior to taking any Remediation Activity or engaging in Work which might require Remediation Activity, the Village will first give Buchanan Energy (N), LLC not less than thirty (30) business days advance written notice (unless there is an immediate threat to the health or safety to any individual or to the public) that it intends to perform a site investigation in the Right -of -Way, to engage in Work which might require Remediation Activity, and to undertake Remediation Activity to the extent necessary for the Work. Any actual Remediation Activity shall be based upon the site investigation (which may be modified by field conditions during excavation). A copy of this site investigation report will be provided to Buchanan Energy (N), LLC prior to any Remediation Activity being undertaken. 18. Prior to conducting any such site investigation or Remediation Activity, the Village shall provide Buchanan Energy (N), LLC with an opportunity to perform the site investigation and the Remediation Activity which may reasonably be necessary for the Village's Work. If Buchanan Energy (N), LLC elects to perform such site investigation and Remediation Activity, Buchanan Energy (N), LLC shall, at its cost, procure all necessary permits and shall post a completion bond in the amount of the work to be performed prior to commencing such work. The failure of the Village to give notice is not a violation of this Supplemental Agreement. 19. If Buchanan Energy (N), LLC elects not to perform the Remediation Activity, Buchanan Energy (N), LLC shall reimburse the Village for the reasonable costs incurred in performing the site investigation and preparing the site investigation report (including without limitation reasonable attorneys' fees) and for the actual incremental increase in the cost of the Work related to the requirement to remove Contaminants present in the soil and /or groundwater, (Original Issue Date, 10/ 10) including, without limitation, the cost of the Remediation Activity and attorney's fees. The failure of Buchanan Energy (N), LLC to provide reimbursement to the Village within 45 days of receipt of an invoice from the Village, in accordance with and pursuant to this paragraph, shall be grounds for voidance by the Village of this Supplemental Agreement and, except as otherwise set forth therein, the HAA. 20. Written notice required by this Supplemental Agreement or the HAA shall be mailed to the following: if to Buchanan Energy (N), LLC: Buchanan Energy (N), LLC, 4973 Dodge Street, Omaha, NE 68132; and if to Village: The Village of Morton Grove, 6101 CapuIina Avenue, Morton Grove, IL 60053, ATTN: Joseph F. Wade, Village Administrator, 21. The Village's sole responsibility under this Supplemental Agreement and HAA with respect to others using the highway Right- of-Way under permit from the Village is to include the following, or similar language, in the future standard permit provisions and to make an effort to notify its current permit holders of the following: "As a condition of this permit, the permittee shall request the Village Engineer to identify sites in the Right -oil Way where access to contaminated soil or groundwater is governed by Tiered Approach to Corrective - Action Objectives ( "TACO ") Agreements. The permittee shall take measures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contaminated soil should be managed off -site in accordance with all applicable laws, rules, and regulations." 22. Buchanan Energy (N), LLC hereby releases the Village from liability for breach of this Supplemental Agreement by others under permit, and further indemnifies the Village against claims that may arise from others under permit causing a breach of this Supplemental Agreement. Buchanan Energy (N), LLC agrees that its personnel at the Site, if any, will exercise due diligence in notifying those accessing contaminated soil in the Right -of -Way of their rights and responsibilities under this Supplemental Agreement. 23. Should the Village breach this Supplemental Agreement or the HAA, Buchanan Energy (N), LLC's sole remedy is for an action for damages which would be brought exclusively in the Cook County Circuit Court. Any and all claims for damages against the Village, its agents, contractors, or employees, or its successors in interest, arising at any time for a breach this Supplemental Agreement and/or HAA are limited to an aggregate maximum of $10,000.00. Buchanan Energy (N), LLC shall have no other action, in law or equity, against the Village, its agents, contractors, employees and its successors in interest for the breach of any other provision of this Supplemental Agreement. Buchanan Energy (N), LLC hereby releases the Village, its agents, contractors, employees and its successors in interest for any cause of action Buchanan Energy (N), LLC may have against them, other than as provided in this paragraph or as provided by applicable environmental laws, regulations or common law governing the contaminated soil or groundwater in the highway Right -of -Way. In the event that the Village conveys, vacates or transfers jurisdiction of the highway Right -of -Way, Buchanan (Original Issue Date. 10 /10) Energy (N), LLC may pursue an action under this Agreement against the successors in interest, other than a State agency, in a court of law. 24. This Supplemental Agreement and HAA are entered into by the Village in recognition of laws passed by the Illinois General Assembly and regulations adopted by the IPCB which encourage a tiered - approach to remediating environmental contamination. This Supplemental Agreement and HAA are entered into by the Village in the spirit of those laws and under its rights and obligations as a highway authority. In the event that any provision of this Supplemental Agreement is struck down as beyond the authority of the Village, this Supplemental Agreement shall be null and void, except that all costs and expenses to be paid by Buchanan Energy (N), LLC as provided in this Supplemental Agreement which have been incurred by the Village shall be reimbursed by Buchanan Energy (N), LLC within 45 days after the Supplemental Agreement becomes null and void. IN WITNESS WHEREOF, Buchanan Energy (N), LLC has caused this Agreement to be signed by its duly authorized representative. Steve Buchanan, Managing ]member IN WI'T`NESS WHEREOF. the Village has caused this Agreement to be signed by its duly authorized representative. Andy DeMonte, Director of Public Works (Original Issue Dale: 10/10) ARCADIS Attachment 1 Highway Authority Agreement ATTACHMENT I HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this day of to 35 I11. Aden. Code 742.1020 by and between Buchanan Energy (N), L.L,C ( "Owner /Operator ") and (2) Village of Morton Grove, Illinois ( "Highway Authority"). collectively known as the "Parties." WHEREAS, Buchanan Energy (N), LLC is the owner or operator of one or more leaking underground storage tanks presently or formerly located at ExxonMobil 10170 (05- HH3) /Iluchanan Store 9415, 7971 Golf Road, Morton Grove, IL ( "the Site "); WHEREAS, as a result of one or more releases of contaminants at the above referenced Site ( "the Release "), soil and groundwater contamination at the Site exceeds the Tier I residential remediation objectives of 35 I11. Adm. Code 742: WHEREAS, the soil and groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right -of -way: WHEREAS, the Owner /Operator or Property Owner is conducting corrective action in response to the Release; WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's right - of -way that exceeds Tier I remediation objectives from use as a supply of potable or domestic water and to Limit access to soil within the right -of -way that exceeds Tier I residential remediation objectives so that human health and the environment are protected during and after any access; NOW, THEREFORE, the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein 2. he Illinois Emergency Management Agency has assigned incident number 20041514 to the Release. Attached as Exhibit A is a scaled map(s) prepared by the Owner /Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier I residential remediation objectives as a result of the Release. 4. Attached as Exhibit B is a table(s) prepared by the Owner /Operator that lists each contaminant of concern that exceeds its Tier I residential remediation objective, its Tier I residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A. 5. Attached as Exhibit C is a scaled map prepared by the Owner /Operator showing the area of the Highway Authority's right -of -way that is governed by this agreement ("Right-of-Way "1. (Original Issue Date. 10 /10) Because Exhibit C is not a surveyed plat, the approximation of the actual Right -of -Way I the Right -of -Way is not practical, the Parties groundwater contamination exceeding Tier I will not extend beyond the boundaries of the Right -of -Way boundary may be an res. Because the collection of samples within stipulate that, based on modeling, soil and residential remediation objectives does not and Right -of -Way. 6. The Highway Authority stipulates it has jurisdiction over the Right- of-Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right -of -Way. 7. The Highway Authority agrees to prohibit within the Right -of -Way all potable and domestic uses of groundwater exceeding Tier I residential remediation objectives. S. The Highway Authority further agrees to limit access by itself and others to soil within the Right -of Way exceeding Tier I residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right -of -Way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the Right -of- Way under permit have the right to remove soil or groundwater from the Right -of -Way and dispose of the same in accordance with applicable environmental laws and regulations. The highway Authority agrees to issue all permits for work in the Right -of -Way, and make all existing permits for work in the Right -of -Way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right -ot -Way where a Highway Authority Agreement governs access to soil that exceeds the Tier I residential remediation objectives of 35 111. Adm. Code 742. The permittee sha1.1 take all measures necessary, to protect human health (including worker safety) and the environment during and after any access to such soil. 9. This agreement shall be referenced in the Agency's no further remediation determination issued for the Release. 10. The Agency shall be notified of any transfer of jurisdiction over the Right -of -Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void coon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferees agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ( "Rider ") that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee. 11. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release. It shall remain effective until the Right -of -Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer need for this agreement, or until the agreement is otherwise terminated or voided, 12. hr addition to any other remedies that may be available, the Agency my bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement (Original Issue Date: 10 /10) null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 13. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 14. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 15. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following addresses: Manager, Division of Remedia�tion Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, IL 62974 -9276 Highway Authority Department of Public Works Village of Morton Grove Andv DeMonte 7840 Nagle Ave. Morton Grove. IL 60053 Property Owner or Owner /Operator Buchanan Energy (N), L,LC 4973 Dodge Street Omaha, NE 68132 IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. VILLAGE; OF MORTON GROVE Date: By: Andy DeMonte Its: Director of Public Works OWNER/OPERATOR Date: By: Steve Buchanan Its: Managing Member (Original Issue Date'. 10 /10) Exhibit A Site Maps O [i ICI iA N 3 wx� E u� j 1 _ Nil GOOOC' Il°V - 1° °O VI v V vv so rnmn �\ al oj'd V V V F( { lu �I�I�i I I� � � I � a Q� Ia °f Mm 1 -wxm' Q III °— JP��.�� z Ur V J_ m of Ioo °r °I in ��I IwI alb i i I I �'� a �- >�i� o° r N, � Im w x �.- �o Ip mrwxm I2° 1Sfl ltl`J Nb4 j /Q5 isn wo X64 -1ri z 1 lL NOIS - I of 01S < a NlVhS3 3r �- <i N01 ?NIHSV/M w I ( —_s is is ls — - is is — ��� an} ° I'D �QZ J ono � II r J m I f �l� m i l i l y I i I IoJO nl I °o� oo o'o °O lm�o 0000 n �ooc ool wvvvo ��o vo °v o� �Iidl00000i ml _� Ih�mrwx�� n �mr -wxm� o owl <0 I t 'Eo I � z F wim a°°a oo Gr II �i i m O L mi-wxai � °tl( E _ _oo way --- isn l' AZ[ ��� LL isn i r i r - - - -- II IThc isn -- - m �I J II o o 006 �; ��I: isn -ive Az� I�lo'�w� ui �I U sJ 00-4 6 di ; f N01�NINS bNi � I is � 1s is is i is is J um FO 'r w �pp¢,z z /<.�0 7 L� c i i ¢U A— sn UE zlll� a ® _ isn ivy Nzd it Iz 5 iic°.+� 1ST lV9 NZL TI U -1 \ @NOS .. w1 1Uz A ```�� Is <ZZ ¢0 —1— j =ice NOI JNIHSbNi s- �s- 3 � i^ w Y s i f @ l @ @ _ @ F I i 0 i ¢U A— sn UE zlll� a ® _ isn ivy Nzd it Iz 5 iic°.+� 1ST lV9 NZL TI U -1 \ @NOS .. w1 1Uz A ```�� Is <ZZ ¢0 —1— j =ice NOI JNIHSbNi s- �s- 3 � i^ w Y s i f °% H � ° H O{ o ® E B uJ! 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III J it 0 I Li w� I` I i M < p r zlu'; i tEmE= f� oil; z € - 1sn ,qvo Nzl id IF isn ivo Nzv B l a "e --- 5 I!I to j .g --- Isn ivo Nn 0 isn �vD Nzq E s E w a � °' NlVM301S - ¢zz P w az Qa r N O Q Z Z �NUU n � c Y Z N N01ON ,H bfA 4I , E m I J , li ip <, 6U iC w 9 ARCADIS Exhibit B Soil and Groundwater Tables Table-2 Groundwater Anatvtical Data - BTEVVITBE ExxonMobiI Station 410170 010 5 -BD3) Buchanan Store #415 7971 Golf Road Monon Grove, Illinois Tier Isoundwater Cleanup Objectives I Benzene (mg/L) Toluene (mg /L) Ethylbenzene (mg /L) Total Xylenes MTBE (mg/L) Class I Groundwater 0.005 1.0 0.7 10 0.07 Class 11 Groundwater 0,025 2.5 LII 10 0.07 Sample Location Sample Date TOC Elevation (feet) Depth to Groundwater (feet) G roundwater Elevation (feet) Benzene frog/L) Toluene (ng /L) E' ihidbenzcne (�ng /L) "total Xylenes (mg/L) MTBB (mg/L) 511212005 101.61 5.83 95,78 0.0016 <0.001 -10.00! -10.003 0.0843 M W I 12/8/2005 10 16 1 6.40 9521 0.0846 <p.001 <0.001 <p.601 0.0507 5/2/2006 101.61 6.43 95,18 0.0104 <0.001 0.0123 -10.003 0.0260 5/12/2005 102.69 11.27 91.42 <0.001 <0.001 <p.001 <0.003 0.0073 MW2 12/8/2005 102.69 7.08 95.61 <0.001 <0.001 <0.001 -10.001 0.00278 5/2/2006 102.69 6.56 96.13 <0.001 <0 -001 <0.001 -10.003 0.00553 5/12/2005 101.31 6.08 9523 <0.001 -0,001 <0,001 <0.003 <0,001 MW3 12/8/2005 101.31 6.95 9436 -10.001 <0.001 <0-001 <0,001 <0.001 5/2/2006 101.31 5.9 95.41 40.001 <0.001 <0.001 <0.003 <0,001 MW4 5/12/2005 12/8/2005 100.75 100.75 6.45 7]4 94.30 93.01 <0.001 -10.001 <0.001 <0.00I <0.001 <0,001 <0,003 -10.001 0.0017 0.00125 5/2/2006 100.75 6.67 94.08 <0,OO1 -10.001 <0.001 -10,003 0.00128 5/12/2005 10198 557 96.41 <0.001 <0.001 <0.001 <0.003 0.0131 MW5 121812005 101,98 6.72 95.26 <0.001 <0.001 <0.001 <0.001 0 -0239 5/2/2006 101.98 6.86 95.12 -0.001 <0.001 <0,001 <0.003 0.0173 5112/2005 101.86 5.23 96.63 0.152 0.007 0.0628 09532 0.0204 MV/6 12/8 /2005 10186 5.59 9627 0.245 0.00941 0.331 0254 0.03 52/2006 101.86 5.7 96.16 0,240 0.00784 0.0963 0.0774 0.0365 Mt5'7 12/8/2005 101,43 6,42 95.01 0.0265 0.00115 0.0416 0.0211 0.00375 5/2/2006 101.43 4.44 W99 0.0788 0.00242 0, 1 SR 0.0945 0.0170 MWB 12/8/2005 101.84 652 9552 <0.001 <0.001 <0.001 <0.001 0 -0056 5/2/2006 101.84 5.38 96A6 0.0111 <0,001 <0.001 <0.003 0,00628 MW9 5/2/2006 101.93 3.7 9823 -10.001 -10.001 -10.001 -10.003 -10.001 MW10 5/2/2006 10202 158 99.44 -10.001 -10,001 -10.001 <0.003 <0,001 mg/L = in it ligrams pet Liter T'OC =top of casing <0.001 = concentration below analytical Laboratory reporting limit Groundwater snnuues were analyzed For BTEX /MTBE using US EPA Method 8021B Tiff Soil Analytical Data - BTEXIMTHE F_sxonMobil Station 410170 (1105 -ED3J &mhanan Store 441 7971 (inIPRoad Morton Grove, Minot, Ties SOIL Cleanup ®bJ @CfIVBS Benzene (mY✓hE) Toluene (mK /k61 En,vmenzene (mP,7kg) XplenCIS) (m6S) (Ingestion zv - residential 12 16000 7,800 160000 Ingestion - Industrial/Cnmmercial 100 410.000 200000 1000000 lo(1 Inhalation - rssidenual 0.8 650 400 320 2;800 Inhalation - IndustriaUC0annaMell 16 650 400 32(3 X SUO SCGIER- Cl ass 1 0.03 12 13 150 0.72 5( GIER -Class 11 f 17 29 19 150 1 0.32 inseseion- Construction Workcl 2300 410000 20000 41000 2000 Inhalation - Construction Worker 22 47 58 5.(1, 140 Soil Semple Location Date Depth (4'eet) Benzene (mg/I<¢) Toluene (mg/hg) lfthylbanzene (mg/kg) Xplene(sI (mg /leg; MTBE (mg/Itg} PI 10/21/04 3 17.7 2.15 IOS 39.3 4.14 P2 10/21/04 3 2.48 1 36 2 46 10.7 <0.46 i p3 10/21/04 3 0.0565 09104 0.024 0,0322 0912 P4 10/21 /04 3 0321 007A 0 0023 0.0126 -0.009 PS IW21/04 3 0037 0.0158 0.0219 00294 <0010 P6 10/21 /04 3 0.0046 0.0101 0.0031, 0.0357 "'0009 MWl 5/10/05 4 0.0070 <0.0093 <0.0093 -00093 <onio MN12 5/10/05 4 ( <0.0023 <00111 <p.0111 <0.011i x1011 MW3 5/70/05 6 0.0042 <00088 <0.00" «0088 <0008 MW4 5/10/05 4 0.0064 <0011 0.0141 0.0279 <0011 1 MW5 5110/05 4 00091 <OAI02 «0102 <Og102 "0.010 MWfi 1 5/1, 0105 8.284 00187 035 0.116 0115 p7W7 10/31/05 7 0,524 0.164 09833 0124 0.451 MWB IU /31/05 5 0.124 0.051, 7 0.0147 0.036 0.0884 MW9 4/24/06 0.00154 1L00I 7I <p OG103 -000310 - 0.0103 M W 10 4/24/06 3 0.00893 1 0.0036 <0.00105 0,00335 00141 my/kg - ino or ezms per I<I IouJam Tier I Sw! Clennvp Chaco IwS per Tlllla 35, Pon 742 - Tiered Appmeah to Corrective Aomori Defectives Gunc S. ]o97) bold valves mdieate concentrations ebave'7i0e 55 IAC Part 742 Tier t Soo Cleanup Obieanves for Class if Groundwater <O.Oea =rnnevnrationx below the Izbor000 v method acorn ion I mn SCGIER = Soil Compooeni of lie Groundwmer n uesuon Exposne Rome I Exhibit C Proposed Highway Authority Agreement Map I I <x III ! i I T, 'I Q � G u j i ,! J I I ! J N wi � it O � i V O 1 <Zz J N c =LLX O ¢Z �w w N I — a, I r ` —! 11 i w ,. I= z O QI ! cn w J M `II I - -- i J1 it 1Sf1;aw0 k lr =_ -- IL - isn wo kZ l- �i�; ' - - -- �� o �� I2 ��i > J !I r isr lw z `J kay �}-J z LI i i `z I ,I .w l I <x III ! i I T, 'I Q � G u j i ,! J I I ! J N wi � it O � i V O 1 <Zz J N c =LLX O ¢Z �w w N I — a, I r ` —! 11 i w ,. I= z O QI ! cn w J M `II I - -- i J1 it 1Sf1;aw0 k lr =_ -- IL - isn wo kZ l- �i�; ' - - -- �� o �� I2 ��i > J !I r isr lw z `J kay �}-J z LI i i `z Oloet ARCAMS ARCADIS U.S., Inc. !Hirt <<Tww ;` rn. PnvircnmFr:F 8m1' � , 10 5 Riverside Plaza Suite 1900 Chicago Via Electronic Mail Illinois 60606 Ter 312 575 3700 Mr. Chris Tomich, P. E. rax 312 775 9322 Village of Morton Grove www.arcadis.us.com Engineering Division Public Works Department 7840 North Nagel Morton Grove, Illinois 60053 ENVIRONMENT Subject. Highway Authority Agreement LPC #0311955067 —Cook County Date January 20, 2012 Morton Grove /Exxon it #10170 (05 -BD3) Buchanan Store #415 ontact 7971 Goff Road Michelle Rumler Leaking UST Incident No. 20041514 Phone. 312.575.3724 Dear Mr. Tomich: Email'. michelle, rumler@arcadis- On behalf of Buchanan Energy (N), LLC, ARCADIS U.S., Inc. (ARCADIS), is us.com submitting the enclosed Highway Authority Agreement for the above - referenced Leaking Underground Storage Tank (LUST) incident. ourref B0085852.0170 It you have any questions or comments, please do not hesitate to contact ARCADIS at 312-575-3724, Sincerely, ARCADIS U.S., Inc. i Michelle Rumler Environmental Engineer Copies. Nichole Hallett, Buchanan Energy File r Doug Etscheid, P.G. Project Geologist Imagine the result 9 aprolecnexxoemo feducharm-r energy chicagrrM170 maton gmve.:rmeore s_ bones . haasWilla9e e` moaon grove haa110170 415_20120120_viltage has Cover letter do. Legislative Summary Resolution 12 -10 AUTHORIZING A LICENSE AGREEMENT BETWEEN MORTON GROVE PHARMACEUTICALS, INC. AND THE VILLAGE OF MORTON GROVE FOR VILLAGE OWNED PROPERTY ADJACENT TO 6451 WEST MAIN STREET, MORTON GROVE, ILLINOIS Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workioad Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: February 13, 2012 To authorize the Village of Morton Grove to authorize an extension of a License Agreement with Morton Grove Pharmaceuticals, Inc. To renew the existing license agreement for an additional five year term for the use of 6451 West Main Street as a parking lot for their facility. In 2005, the Village entered into a lease agreement with Morton Grove Pharmaceuticals to lease approximately 13,000 square feet of property immediately east of 6451 West Main Street to be used as a secure private parking lot. After review of the existing lease it was determined both the Village and Monson Grove Pharmaceuticals were still interested in renewing the original lease agreement as approved in Ordinance 05 -12 and dated March 28, 2012. The new lease agreement will allow for this arrangement to continue from January 1, 2012 through December 3l, 2016, unless either party terminates the license agreement by 180 days written advance notice. Legal and Administration Departments $26,780.00 per year based on 52.06 per square foot and to be increased at a rate of 3% per year. N/A This lease agreement has been negotiated by the Legal and Administration Departments as part of their normal activities. Approval as presented. N/A None. ministrator Pro Tern Prepared by. Teresa Floffanap"ListoT n, Corporation Counsel AUTHORIZING A LICENSE AGREEMENT BETWEEN MORTON GROVE PHARMACEUTICALS, INC. AND THE VILLAGE OF MORTON GROVE FOR VILLAGE OWNED PROPERTY ADJACENT TO 6451 WEST MAIN STREET, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its « overnment affairs, including but not limited to the power to tax and incur debt; and WHEREAS, pursuant to aplat of dedication dated May 22, 1951, the Village of Morton Grove has an interest in a parcel of property, to wit: approximately 13,000 square feet of property immediately east of 6451 West Main Street, Morton Grove, Illinois 60053,and legally and more specifically described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Corporate Authorities of the Village of Morton Grove has determined there is no immediate or necessary requirement or appropriate public use for said property; and WHEREAS, Morton Grove Pharmaceuticals, Inc. is a Delaware Corporation, whose principle place of business is 6451 West Main Street, Morton Grove, Illinois 60053, is a business in good standing in the Village of Morton Grove, and has expressed a desire to lease, or otherwise occupy the above described property to be used as a secure private parking lot: and WHEREAS, the Corporate Authorities do wish to continue to lease said property to Morton Grove Piarmaceuticals, Inc. and are willing to continue the license agreement which would permit Morton Grove Pharmaceuticals, Inc. to use said property solely as a parking lot subject to the terms and conditions of the license agreement attached hereto as Exhibit "A': and WHEREAS, the Village Administrator with the advice and consent of the Corporate Authorities has negotiated a license agreement which is in substantial conformity to the original ay-eement dated March 28, 2005, and which is a part of Ordinance 05 -12 which was and is acceptable to Morton Grove Pharmaceuticals, Inc. pursuant to the following terms and conditions: A. Licensee shall pay to the Village a fixed minimum fee of $26,780.00 per year based on $2.06 per square foot, to be increased yearly at the rate of 3 %, B. Licensee shall pay all utilities, maintenance, and tax costs, C. Licensee shall operate the premise in a good and safe condition and shall maintain insurance, as provided in said agreement, D. The term of said agreement shall be for five years from January 1, 2012, through December 31, 2016, provided either party may terminate the license agreement by one hundred eighty (180) days advance written notice. WHEREAS, the Village Board of Trustees has determined the execution of said license agreement is in the best interest of the Village. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE'S OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though hilly set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute a License agreement between the Village of Morton Grove and Morton Grove Pharmaceuticals, Inc. for approximately 13,000 square feet of property immediately east of 6451 West Main Street, Morton Grove, Illinois 60053, as specifically identified on the survey attached to said license agreement under the terms and conditions set forth in that Iicense agreement attached hereto as Exhibit " A ". SECTION 3: The Village Administrator and his designee is hereby authorized to take any and all actions which are reasonable or necessary to implement and enforce all provisions of said License Agreement, SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval. PASSED this 13 'fl day of February 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thil l Toth APPROVED by me this 13"' day of February 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`' day of February 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" LICENSE AGREEMENT VILLAGE and Permittee desire to enter into a license agreement on the terms, covenants and conditions set forth herein (this "License Agreement'). DEFINITIONS 1.1 VILLAGE: Village of Morton Grove, Illinois, a home rule municipality of the State of Illinois, with its principal place of business located at 6101 Capulina Avenue, Morton Grove Illinois, 1.2 Permittee: Morton Grove Pharmaceuticals, Inc., a Delaware Corporation whose principle place of business is 6451 West Main Street, Morton Grove, Illinois 60053. 1.3 Site: That survey attached hereto as Exhibit "A ", to wit approximately 1,300 square feet of property irmnediately east of 6451 West Main Street, Morton Grove, Illinois 60053 1.4 Effective Date: January 1, 2012 2. LICENSE GRANTED VILLAGE hereby grants to Permittee a license to use and maintain the site for a private panting lot. 3. TERM The term of this License Agreement shall be for a period of five (5) years commencing on January L 2012 and expiring on January 1, 2016, or sooner as provided elsewhere in this Agreement; provided, however, that either party hereto may terminate this License Agreement by giving written notice of such termination to the other patty at least one hundred eighty (180) days prior to such effective termination date. 4. FIXED MINIMUM FEE Permittee shall pay VILLAGE the sum of twenty-six thousand .seven hundred eighty dollars (526,780) per [LD.AAkTEOFLICENSE TECENSE F7 FEES of two thousand two hundred thirty -one dollars and anuary 1, 2012 January 1, 2012 through December 31.2016 FIXED MINIMUM FEE: S26, 780.00 per year ( based on $2.06 per square foot times 13,000 square feet) plus additional charges as specified in this agreement LOCATION OF SITE: PROPERTY IMMEDIATELY EAST OF 6451 West Main Street, Morton Grove, IL 60053 as identified on that survey attached hereto as Exhibit "A" PURPOSE: VEHICLE PARKING FOR PERMi O T7 EE AND ITS EMPLOYEES AND GUESTS VILLAGE and Permittee desire to enter into a license agreement on the terms, covenants and conditions set forth herein (this "License Agreement'). DEFINITIONS 1.1 VILLAGE: Village of Morton Grove, Illinois, a home rule municipality of the State of Illinois, with its principal place of business located at 6101 Capulina Avenue, Morton Grove Illinois, 1.2 Permittee: Morton Grove Pharmaceuticals, Inc., a Delaware Corporation whose principle place of business is 6451 West Main Street, Morton Grove, Illinois 60053. 1.3 Site: That survey attached hereto as Exhibit "A ", to wit approximately 1,300 square feet of property irmnediately east of 6451 West Main Street, Morton Grove, Illinois 60053 1.4 Effective Date: January 1, 2012 2. LICENSE GRANTED VILLAGE hereby grants to Permittee a license to use and maintain the site for a private panting lot. 3. TERM The term of this License Agreement shall be for a period of five (5) years commencing on January L 2012 and expiring on January 1, 2016, or sooner as provided elsewhere in this Agreement; provided, however, that either party hereto may terminate this License Agreement by giving written notice of such termination to the other patty at least one hundred eighty (180) days prior to such effective termination date. 4. FIXED MINIMUM FEE Permittee shall pay VILLAGE the sum of twenty-six thousand .seven hundred eighty dollars (526,780) per year payable in twelve (12) monthly installments of two thousand two hundred thirty -one dollars and sixty -seven cents ($2,231.67) due on or before the first day of each calendar month during the term hereof, commencing on the date of this lease. Said fee shall be paid by Permittee to VILLAGE without deduction.. offset or prior demand, in immediately available funds of lawful money of the United States of America. Beginning January 1, 2013, said fee shall automatically increase at the rate of three percent (3 %) per year on a cumulative basis USE The Site shall be used solely for the purposes of the parking of vehicles of the Permittee and its employees and guests UTILITIES VILLAGE shall not be obligated to provide any water, gas or other utilities. SERVICES; ACCESS TO SITE VILLAGE shall not be obligated to provide any cleaning, engineering, security, maintenance or other services and VILLAGE shall have no responsibility or liability for the operation or repair of the site. EXHIBIT "A" VILLAGE shall have reasonable access to the Site for any purpose, including inspection, provided such access does not unreasonably interfere with Permittee's use. 8. COMPLIANCE WITH LAWS Permittee, at its sole cost and expense, shall obtain all necessary governmental licenses, permits and approvals prior to any improvement, construction, installation, operation of the site. Permittee shall operate and maintain the site in compliance with all applicable local, state and federal laws, regulations or ordinances now in force or which may hereafter be in force. Other than the normal narking of vehicles, Permittee shall not do or permit anything to be done in or about the Site not bring or keep anything therein which will in anv way increase the rate of or affect any fire or other insurance upon, the site or cause a cancellation of any insurance policy covering the site. Other than the normal parking of vehicles, permittee shall riot exercise its rights hereunder in such manner as will in any way obstruct or interfere with the rights of others in the vicinity of the Site or injure or annoy them, or use or allow the Site to be used for any unlawful or objectionable purpose, nor shall Permittee cause, maintain or permit any nuisance in, on, or about the Site. No loudspeakers or other similar device, system or apparatus which can be heard or experienced outside the Site shall, without the prior written approval of VILLAGE. be used in or at the Site. 9. TERMINATION This License Agreement shall terminate at the end of its tern as specified in Paragraph 3 above or as provided elsewhere herein. Upon the expiration or earlier termination of this License Agreement for any reason, Permittee shall, at its sole cost and expense, promptly remove all Equipment and all other associated personal property owned or used by Permittee from the Site, repair all damage to the Site and restore the Site to the condition existing prior to the execution of this Agreement. 10. TAXES Permittee shall be responsible for and promptly pay any or other governmental impositions levied or assessed on improvements and uses authorized pursuant to this Licei the foregoing are currently assessed against the site. and all real estate taxes, assessments, chances, fees the site due to this License Agreement, or the tse Agreement. The Village represents that none of 1 1. CONDITION AND REPAIR OF SITE Permittee accepts the Site as being in good condition and repair and suitable for Permittee's purposes hereunder. Permittee, at Perminee's sole cost and expense, shall keep the Site in good condition and repair, damage thereto by fire, earthquake, act of God, normal wear and tear or tite elements accented. VILLAGE has no obligation and has made no promises to alter, remodel, improve or repair the Site or any part thereof and no representations respecting the condition of the Site have been made by VILLAGE to Permittee. 12. LIENS Permittee shall keen the Site free from any liens arising out of obligations incurred by Permittee. VILLAGE shall have the right to take any actions VILLAGE deems necessary or desirable to remove or discharge such liens if Permittee fails to do so within thirty (30) days after notice from the Village. and any stuns paid by VILLAGE in connection therewith shall be immediately due and payable by Permittee. 3. INDEMNITY Permittee agrees to indemnify, defend and hold harmless VILLAGE, from and against any and all claims, liabilities, demands, costs. damages, losses, actions, causes of action or judgments (including reasonable legal fees and expenses) which result from or arise out of this License Agreement or PermhteCs use or control of tile site. The VILLAGE shall not be liable to Permittee for any reason, and Pennittee hereby waives all claims against the VILLAGE for any injury or damage to any person or property in or about the Site or for any costs or losses incurred by Permittee by or from anv cause whatsoever, except that VILLAGE shall remain liable for and such waiver shall he inapplicable to any such claims, costs or losses to the extent the same are due to the gross negligence or willful misconduct of the VILLAGE or the Village's entry pursuant to Paragraph 7 or any defect in the VILLAGE'S title to the site. Permittee's obligations under this Paragraph 20 shall survive the expiration or earlier termination of this License Agreement EXHIBIT "A" 14. SAFETY Permittee represents and warrants that all of the Perrimuce's activities shall be conducted in a sate manner. 15. INSURANCE 15.1 Commencing on the Effective Date and continuing throughout the remaining term hereof (arid, it' Permittee shall take possession of or otherwise occupy or conduct activities in or about the Site prior to or after the term hereof, then also during such pre -term period or post -term period), Permittee shall keep in force at Permittee's expense: (i) comprehensive general liability insurance including contractual liability coverage, with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence, for injuries to or illness or death of persons and damage to property occurring in or about the Site and (ii) worker's compensation insurance in statutory limits; the above - described liability insurance shall protect Permittee as named insured and VILLAGE as additional insureds; shall insure VILLAGE's and all such other parties' contingent liability as respects acts or omissions of Permittee; shall specifically include the liability assumed by Permittee under this License Agreement (provided, however, that such contractual abiiiq +coverage shall not limit or be deemed to satisfy Permittee's indemnity obligations under this License Agreement): and shall contain a cross - liability endorsement allowing an insured thereunder to recover for injury or damage caused by any of the other insureds. VILLAGE reserves the right to reasonably increase the foregoing amount of liability coverage from time -to -time as VILLAGE determines is required to adequately protect VILLAGE. 15.2 Each insurance policy required pursuant to this Paragraph 15 shall be issued by an insurance company licensed to do business in the State of Illinois and approved by VILLAGE, provided that it is primary insurance and not excess over or contributory with any other insurance in force for or on behalf of, provide that it may not be materially changed, amended, canceled or allowed to lapse unless thirty (30) days' prior written notice to is first given, and provide that no act or omission of Permittee shall affect or limit the obligations of the insurer with respect to any other 'insured. Each such insurance policy or a certificate thereof shall be delivered to VILLAGE by Permittee on or before the effective date of such policy and thereafter Permittee shall deliver to VILLAGE renewal policies or certificates at least thirty (30) days in advance of the expiration dates of expiring policies. in the event Permittee shall fail to procure such insurance, or to deliver such policies or certificates. VILLAGE may. at its option, procure the same for the account of Permittee, and the cost thereof shall be paid to VILLAGE by Permittee upon demand. 16. WAIVER OFSURR©GATION Permittee hereby waives any and all rights of recovery against the VILLAGE for damage to Permittee's properly occurring as a result of the use of the Site to the extent of property insurance coverage required under this License Agreement. All policies of property insurance obtained by Permittee pursuant to the provisions of this License Agreement, or otherwise affecting the Equipment, shall permit the foregoing waiver and /or shall contain endorsements or provisions waiving the insurer's rights of subrogation with respect to claims against the VILLAGE. 17, DEFAULT In the event of any breach or default of this License Agreement by Permittee continuing ten (10) days after written notice with respect to a monetary default and thirty (30) days after written notice or such longer period as is reasonably necessary for non- monetary defaults, then VILLAGE, in addition to any other rights and remedies of VILLAGE at law or in equity, shall have the right to terminate this License Agreement or to have this License Agreement continue in full force and effect Should VILLAGE so elect to terminate this License Agreement, VILLAGE shall be entitled to recover damages from Permittee for such breaoh. It' VILLAGE elects to terminate this License Agreement, VILLAGE shall also have the immediate right to disconnect and /or remove all Equipment and other property from the Site. Such property or Equipment so removed may be stored in a public warehouse or elsewhere at the cost and for the account of Permittee. Should VILLAGE so elect to keep this License Agreement in full force and effect, VILLAGE may at any time thereafter elect to terminate this License Agreement for any previous breach or default which remains uncured or for any subsequent breach or default which remains uncured after any applicable notice and cure period has expired. EXHII3IT "A" 18. RIGHT OF VILLAGE TO PERFORM All covenants and agreements to be kept or performed by Permittee under any of the terms of this License Agreement shall be performed by Permittee at PermitteCs sole cost and expense and without any abafemenf of the Fixed Minimum Fes. If Permittee shall fail to pay any sum of money required to be paid by it hereunder (other than the Fixed Minimum Fee payable pursuant to Paragraph 4) or shall fail to perform any other act on its part to be, performed hereunder and not cure such failure within the applicable cure period, VILLAGE may, but shall not be obliged to, and without waiving any default of Permittee or releasing Permittee from any obligations to VILLAGE hereunder, make any such payment or perform any such other act on Permittee's part to be made or performed as in this License Agreement provided. All sums so paid by VILLAGE and all necessary incidental costs, together with interest at the prime rate from the date of such payment by VILLAGE, shall be paid to VILLAGE immediately on demand, and VILLAGE shall have (in addition to any other right or remedy of VILLAGE) the same rights and remedies in the event of nonpayment thereof by Permittee as in the case of default by Permittee in the payment of the Fixed Minimum Fee. 19. ASSIGNMENT 19.1 This License Agreement shall not, directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, be assigned, mortgaged, pledged, encumbered or otherwise transferred by Permittee or Permittee's legal representatives or successors in interest and the Site shall not be used or occupied for any purpose by anyone other than Permittee, without the prior written consent of VILLAGE first had and obtained in each instance, which consent may be withheld in VILLAGE's sole and absolute discretion. Any mortgage, pledge, hypothecation, encumbrance or transfer, or any such assignment or use, without the consent of VILLAGE as aforesaid shall be void and, at the option of VILLAGE, shall constitute a default entitling VILLAGE to terminate this License Agreement and shall give rise to all other remedies available to VILLAGE for breach of this License Agreement. If this License Agreement is assigned, whether or not in violation of the terms of this License A_reement, VILLAGE may collect the Fixed Minimum Fee and any additional fees payable by Permittee from the assignee. If the Site or any part thereof is used by anybody other than Permittee, VILLAGE may collect the Fixed Minimum Fee and any additional fees from such user. In either event, VILLAGE may apply the next amount collected to the Fixed Minimum Fee herein reserved. The consent by VILLAGE to an assignment, transfer, encumbering or other use pursuant to any provision of this License Agreement shall not relieve Permittee or any assignee or user from obtaining the express prior written consent of VILLAGE to any other or further assignment, transfer, encumbering or other use. Neither any assignment of this License Agreement nor any use of the Site or any part thereof by any person other than Permittee, nor any collection of the Fixed Minimum Fee by VILLAGE from any person other than Permittee, nor any application of an), such Fixed Minimum Fee as provided in this Paragraph 19 shall be deemed a waiver of any of the provisions of this Paragraph 19 or relieve, impair, release or discharge Permittee of its obligation fully to perform the terms of this License Agreement on Permitted's part to be performed, and Permittee shall remain fully and primarily liable hereunder. 19.2 Permittee shall pay to VILLAGE the amount of VILLAGE's cost of processing every proposed assignment hereof or use of the Site by any person other than Permittee (including, without limitation, the costs of attorneys' and other professional fees and administrative, accounting and clerical time of VILLAGE 20. DAMAGE BY FIRE, ETC If the Site is damaged by fire or other casualty, VILLAGE may, at its sole option exercised by giving written notice to Permittee within sixty (60) days after the date of such fire or other casualty, elect either to (a) repair such damage, in which case this License Agreement shall continue in full force and effect, or (b) terminate this License Agreement as ofthe date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given, in which case, this License Agreement shall terminate on the date specified in such notice. VILLAGE shall not be obligated to repair any damage to, or to make any replacement of, Permittee's Equipment and other personal property, not any additions, alterations or improvements installed in the Site by or for Permittee. and Permittee shall., at Permittee's sole cost and expense, repair and replace such Equipment and other personal property, and such alterations, additions and improvements. All such repair and replacement of alterations, additions and EXHIBIT "A" improvements shall be treated as a work of alteration, addition or improvement by Permittee, and shall be subject to VILLAGE approval. 21. EMINENT DOMAIN If all or any part of the Site shall be taken or appropriated by any public authority under the power of eminent domain, or any agreement in lieu thereof, this License Agreement shall terminate as to the pail so taken as of-the date of taking and, in the case of a partial taking, either VILLAGE or Permittee shall have the right to terminate this License Agreement as to the balance of the Site by giving written notice to the other within ninety (90) days after such date; provided.. however, that a condition to the exercise by Permittee of such right to terminate shall be that the portion of the Site taken shall be of such extent and nature as to render the balance of the Site unusable or uneconomical for Permittee's purposes. In the event of any such taking or agreement in lieu thereof, VILLAGE shall be entitled to all compensation, damages, income, Fixed Minimmn Fee, awards and interest thereon whatsoever which may be paid or made in connection therewith and Pennittee shall have no claim against VILLAGE for the value of any unexpired tern ofthis License Agreement 22. NO WAIVER The waiver by VILLAGE of performance of any term, covenant or condition of this License Agreement she] I not be deemed to be a waiver of such teen, covenant or condition or any subsequent breach of the same or by any other terns, covenant or condition contained herein. The subsequent acceptance of the Fixed Minimum Fee hereunder by VILLAGE shall not be deemed to be a waiver of any preceding breach by Permittee of any term, covenant or condition of this License Agreement, other than the failure of Permittee to pay the particular Fixed Minimum Fee so accepted, regardless of VILLAGE's knowledge of such preceding breach at the time of acceptance of such payment. Notices to the VILLAGE shall be addressed to Village Administrator, Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois 60053, with a copy to Corporation Counsel, Village of Morton Grove, 6101 Capulina Avenue, Morton Grove. Illinois 60053. 23. NOTICES All notices addressed to Permittee shall be addressed to Sunil Khera. Morton Grove Pharmaceuticals, Inc. 6451 West Main Street, Morton Grove, Illinois 60053, with a copy to Jerry .labbour, esq., Legal Counsel for Morton Grove Pharmaceuticals, Inc.. 6451 West Main Street, Morton Grove, Illinois 60053, and demands, which may or are required to be given by either party to the other hereunder, shall be in writing. AI I notices and demands shall be delivered personally or sent by reputable overnight or same -day courier service or by United States certified or registered mail, postage prepaid, to the appropriate address set forth in Paragraph 1, or to such other place as the relevant party may from time -to -time by like notice designate, and shall be deemed given upon actual receipt by the party to whom such notice is addressed. 24. ENTIRE AGREEMENT; NATURE OF RIGHTS; MODIFICATIONS This License Agreement constitutes the entire agreement between, VILLAGE and Permittee and no Promises or representations, express or implied, either written or oral, not set forth herein shall be hinding upon or inure to the benefit of VILLAGE or Permittee. This License Agreement is intended to grant Permittee, only, personal rights to maintain and operate the Site. It is not intended to create. and shall not be construed as creating, a tenancy or leasehold or any landlord- tenant relationship. This License Agreement does not create any interest in real property and Permittee's rights hereunder shall be subject and subordinate to any and all real property, interest (including fee ownership, leaseholds, master leases and security interests) now or hereafter affecting the site provided, however. VILLAGE shall obtain recognition agreements for any such lien. This License Agreement shall not be modified by any oral agreement, eithtr express or implied, and all modifications hereof shall be in writing and signed by both VILLAGE and Perm ittee. 25. VILLAGE'S LIABILITY; SALE OF SITE The term "VILLAGE", as used in this License Agreement, shall mean only the Village of Morton Grove. Notwithstanding any other provision of this License Agreement, the liability of VILLAGE for its obligations under this License Agreement is limited solely to VILLAGE's interest in the site, and no personal liability shall at any time be asserted or enforceable against any other assets of VILLAGE or EXHIBIT "A" against VILLAGE's officials, employee's contractors or volunteers on account of any of VILLAGEIs obligations or actions under this License Agreement in addition, in the event of any convevance of title to the site thereunder, then from and after the date of such conveyance, VILLAGE shall be relieved of all liability with respect to VIL,LAGE's obligations to be performed under this License Agreement after the date of such conveyance, and the grantee or transferee, by accepting such conveyance, shall be deemed to have assumed VILLAGE's obligations to be performed under this License Agreement from and after the date of transfer. 26. ATTORNEYS' FEES In the event of any action or proceeding between VILLAGE and Pennittee to enforce or interpret any provision of this License Agreement, the losing party shall pay to Cite prevailing party all costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing party. The "prevailing party" will be determined by the court before whom the action was brought based upon an assessment of which party's major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues in the court's decision. 27. TIME AND APPLICABLE LAW Time is of the essence of this License Agreement and of each and all of its provisions. This License Agreement shall be governed by and construed in accordance with the laws of the Sate of Illinois. 2B. SUCCESSORS Subject to the provisions of Paragraphs 25 the covenants and conditions hereof shall be binding upon and more to the benefit of the heirs, successors, executors, administrators and assigns of the paities hereto. Aereed this I3 " day of February 2012. Village of Morton Grove By -- Daniel J. Staackmann. Village President Attested: _ _ _ Tony S. Kalogerakos, Village Clerk Morton Grove Pharmaceuticals, Inc. By: Sunil Khera, President Secretary I,egis\res \2012 \MG Pharmaceutical lease agree ixhfbit A