NEXT ORDINANCE NUMBER: O-20- 034 NEXT RESOLUTION NUMBER: R-20- 82
PUBLIC NOTICE OF CITY COUNCIL MEETING
Pursuant to the updated Illinois Attorney General Guidance to Public Bodies on the Open Meetings Act during the COVID-19 Pandemic, dated July 2, 2020, Aldermen may participate without being physically present, with the compliance with the established conditions.
IN ACCORDANCE WITH THE APPLICABLE STATUTES OF THE STATE OF ILLINOIS AND THE ORDINANCES OF THE CITY OF WOOD DALE, THE NEXT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WOOD DALE IS SCHEDULED TO BE HELD AT THE HOUR OF 7:30 P.M. ON THURSDAY, NOVEMBER 19, 2020 IN THE COUNCIL CHAMBERS OF THE CITY HALL, 404 N. WOOD DALE ROAD, WOOD DALE, ILLINOIS, DURING WHICH MEETING IT IS ANTICIPATED THAT THERE WILL BE DISCUSSION OF THE FOLLOWING:
AGENDA CITY OF WOOD DALE, ILLINOIS REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 19, 2020
I. CALL TO ORDER II. ROLL CALL Mayor Pulice Alderman Catalano Alderman Susmarski Alderman Jakab Alderman Eugene Wesley Alderman Messina Alderman Roy Wesley Alderman Sorrentino Alderman Woods III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. November 5, 2020 Regular City Council Meeting Minutes V. COMMUNICATIONS AND PETITIONS Citizens will be given the opportunity to address the City Council during the time set aside in the Meeting for Public Comment under Communications and Petitions. Please direct your comments to the Mayor, limit your remarks to three (3) minutes, and kindly refrain from making repetitive statements. A. Citizens To Be Heard - During the COVID-19 Pandemic, anyone wishing to participate in the public meeting of the City Council may do so from another location, as City Hall is closed to the Public, to ensure the safety of the public and Staff, by Zoom Teleconferencing. The Dial-In Number for the meetings will be 1-312-626-6799 and the Meeting ID will be 897 8837 9131. Anyone wishing to provide comment on a topic or Agenda Item may address the City Council by sending an email to the City at [email protected] by 4:00 p.m. the day of the Meeting. Your comment or question will be read during the Public Comment portion of the Agenda. B. Written Communiques of Citizens to Be Heard VI. MAYOR'S REPORT VII. CITY MANAGER'S REPORT VIII. CONSENT AGENDA A. Omnibus Vote i. Approval of a Squad Car Computer Replacement in the Amount not to Exceed $83,867.67 ii. A Resolution Approving an Agreement with HR Green Development, LLC for the Veteran’s Park Landscaping Plan in an Amount Not to Exceed $12,000 iii. Rejection of Bids in Connection with Wind Sculpture/Veteran Medallions Lighting iv. A Resolution Approving an Agreement between the City of Wood Dale and the DuPage River-Salt Creek Workgroup for the Special Condition Extension in an Amount Not to Exceed $178,406 v. Approval of the purchase of Hyperconverged Cluster Maintenance/Support Renewal in an Amount Not to Exceed $29,448.87 vi. A Resolution Authorizing an Agreement with S.B. Friedman Development Advisors for Development Advisory Services in an Amount Not To Exceed $19,900 IX. COMMITTEE CHAIRMAN REPORTS A. Planning, Zoning And Building Committee B. Public Health, Safety, Judiciary And Ethics Committee C. Public Works Committee D. Finance And Administration Committee i. A Resolution Approving the Amended Final Plat of Subdivision for Property Located at 650 and 750 N. Wood Dale Road (F.K.A. 700-770 N. Wood Dale Rd) Wood Dale, Illinois ii. Approval of an Internal Network Switch Upgrade in an Amount not to Exceed $64,141.47 iii. A Resolution Approving a Contract Awarded to Heartland Business Systems for Microsoft 365 E3 GCC CSP iv. A Resolution Approving a Contract Awarded to Heartland Business Systems for a Next-Gen Endpoint Protection Solution v. A Resolution Approving a Contract Awarded to ThinkGuard for IT’s DataGuard Cloud Backup Storage Solution X. OTHER BUSINESS A. Airport Noise Report B. Stormwater Commission Report XI. APPROVAL OF LIST OF BILLS i. List of Bills for November 19, 2020 - $2,004,733,47 XII. EXECUTIVE SESSION XIII. ITEMS TO BE REFERRED XIV. ITEMS FOR INFORMATION ONLY XV. ADJOURNMENT
POSTED IN CITY HALL ON NOVEMBER 13, 2020 AT 4:00 PM Lynn Curiale, City Clerk BY: MAURA MONTALVO, CITY DEPUTY CLERK CITY OF WOOD DALE 404 North Wood Dale Rd. Wood Dale, Illinois 60191
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF WOOD DALE, DU PAGE COUNTY, ILLINOIS By Remote Participation due to the COVID-19 Pandemic and in Accordance with the Governor’s Executive Order 2020-10 November 5, 2020
I. CALL TO ORDER REGULAR CITY COUNCIL MEETING (via Zoom teleconference) in accordance Governor Pritzker’s Executive Order regarding COVID-19: Mayor Nunzio Pulice, in accordance with the Meeting Notice for a Zoom Teleconference Meeting, called the Regular City Council Meeting to Order at 7:30 p.m. Pursuant to the updated Illinois Attorney General Guidance to Public Bodies on the Open Meetings Act during the COVID-19 Pandemic, dated July 2, 2020, Aldermen and Elected Officials of the City of Wood Dale may participate in Public Meetings of the City without being physically present, in compliance with the established conditions.
II. ROLL CALL Upon roll call, the following were:
Present: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski, Woods, and Mayor Pulice
Absent: Aldermen E. Wesley and R. Wesley
Also Present: City Clerk Curiale, Treasurer Porch, City Manager Mermuys, Legal Counsel Bond, Police Chief Vesta, Finance Director Wilson, Public Works Director Lange, AICP/CD Director Cage Whereupon the Mayor declared a quorum present.
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES Alderman Susmarski made a motion, seconded by Alderman Jakab, to approve the Regular City Council Minutes of October 15, 2020. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
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V. COMMUNICATIONS AND PETITIONS: i. Citizens to be Heard None
ii. Written Communiqués of Citizens to Be Heard None
VI. MAYOR’S REPORT A. Earth Flag Presentation The in-person Earth Flag Presentation will not be held November 5, 2020, due to the updated Covid-19 Meeting Mitigations. The City is working with Scarce and the DuPage County Environmental Committee on setting a new date for the Presentation.
VII. CITY MANAGER’S REPORT City Manager Mermuys reported: i. The final yard waste pick-up will be November 30 and December 1, depending on the normal day of service. ii. The Department of Homeland Security, Federal Emergency Management Agency has announced the City of Wood Dale will retain its current rating as a Class 5 Community that gives the Residents a 25% discount on Flood Insurance Premiums. The savings is a result of the flood mitigation activities that the City worked hard to implement, protecting lives and reducing property damage.
VIII. CONSENT AGENDA A. Omnibus Vote i. A Resolution to Approve an Agreement for Façade and Site Improvements at 414-420 E. Irving Park Road and 422 E. Irving Park Road in an Amount Not to Exceed $128,232.36 ii. An Ordinance Granting Variances to Allow Parking Lot Improvements at 414- 420 E. Irving Park Road and 422 E. Irving Park Road, Wood Dale iii. A Resolution Approving a Non-Exclusive License Agreement for the use of City Property For Parking 414-420 E. Irving Park Road and 422 E. Irving Park Road, Wood Dale iv. An Ordinance Granting a Variance to Allow Construction of a Patio as a Side Yard Obstruction at 417 Woodside Drive, Wood Dale v. A Resolution Authorizing the City of Wood Dale to Enter into an Agreement to Purchase a Body Camera System and Supporting Software from CDS Office Technologies in an Amount Not to Exceed $87,610 vi. An Ordinance Repealing and Restating the City of Wood Dale’s Investment Policy as Set Forth in Article 5, Section 1.509 of the Wood Dale Municipal Code vii. A Resolution Designating the Wood Dale Bank & Trust, a Wintrust Community Bank, as the Banking Institution for the City of Wood Dale
The Mayor questioned if there were any objections to the Consent Agenda. Hearing none and on a motion by Alderman Jakab, seconded by Alderman
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Susmarski, to approve the Consent Agenda. When the Question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
On a motion by Alderman Catalano, seconded by Alderman Susmarski, to approve the individual items on the Consent Agenda, including Items 1 through 7. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
IX. COMMITTEE CHAIR REPORTS A. Planning, Zoning and Building Committee No Report B. Public Health, Safety, Judiciary and Ethics Committee No Report C. Public Works Committee i. A Resolution Adopting the City of Wood Dale Engineering Design and Development Standards Manual
Director Lange presented changes made to the Engineering Design and Development Standards Manual. Per the September 24 Public Works Committee discussion, topsoil specifications were verified, language was added regarding site abandonment by a contractor, information regarding trench backfill compaction, misprints corrected and wording clarified, and a searchable document will be added to the City’s website. Lighting Standard changes allow for lower temperature bulbs, to eliminate type 5 luminaire for roadways, allow cabinet mounted photocells and pedestal mounted controllers.
On a motion by Alderman Catalano, seconded by Alderman Woods, to approve A Resolution Adopting the City of Wood Dale Engineering Design and Development Standards Manual. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
ii. An Ordinance Declaring Property Owned by the City of Wood Dale Surplus for the Purpose of Selling
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Director Lange stated the property to be sold were 5 police vehicles that have been recently replaced and are not needed by other Departments. The vehicles will be posted on public surplus.com for a period of 14 days where people will have the opportunity to bid on them.
On a motion by Alderman Catalano, seconded by Alderman Jakab, to approve An Ordinance Declaring Property Owned by the City of Wood Dale Surplus for the Purpose of Selling. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
D. Finance and Administration Committee i. An Ordinance of the City of Wood Dale, DuPage County, Illinois, Amending Ordinance No. O-20-002, Authorizing the Acquisition Through Condemnation of a Parcel Commonly Known as 310 E. Irving Park Road for the Purposes of Economic Development
On a motion by Alderman Woods, seconded by Alderman Messina, to approve An Ordinance of the City of Wood Dale, DuPage County, Illinois, Amending Ordinance No. O-20-002, Authorizing the Acquisition Through Condemnation of a Parcel Commonly Known as 310 E. Irving Park Road for the Purposes of Economic Development. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
ii. Local Covid-19 Stimulus The City Council discussed different options for implementing another round of local stimulus to try to help the residents, restaurants and bars being impacted by Covid-19 restrictions. It was decided Coupon Vouchers will be mailed to Residents along with a list of the businesses participating. The Vouchers will have an expiration date of February 28, 2021.
On a motion by Alderman Woods, seconded by Alderman Catalano, to approve Local Covid-19 Stimulus to provide residents with two $20 coupons to be used at local restaurants and bars within the City of Wood Dale or the coupons can be used toward paying down their water bill. When the question was put, a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
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X. OTHER BUSINESS A. Airport Noise Committee No report B. Stormwater Commission Report: No report
Alderman Susmarski thanked Police Chief Vesta and the Police Department for conducting the Traffic Control Study on Maple Avenue that had been requested by the Public Health and Safety Committee.
X. APPROVAL OF LIST OF BILLS: __November 5, 2020 - - $498,815.59 Alderman Woods stated the $450.00 check to the Park District was being removed from the list as the Veteran’s Breakfast was canceled. The Memorial Ceremony is still planned following guidelines. On a motion by Alderman Woods, seconded by Alderman Susmarski, to approve the November 5, 2020 payment of the List of Bills, for the total amount of $498,365.59 for the following:
• General Fund $ 137,195.92 • Road & Bridge Fund $ 4,917.40 • Motor Fuel Tax Fund $ 651.22 • Tourism Fund $ 8,053.75 • Narcotics Fund $ - • TIF District #1 $ - • TIF District #2 $ - • Capital Projects Fund $ 187,527.00 • Land Acquisition Fund $ - • Commuter Parking Lot Fund $ 146.33 • Sanitation Fund $ 70,432.02 • Water & Sewer Fund $ 35,499.95 • CERF $ 53,942.00 • Special Service Area Fund $ -
Total of all Funds: $ 498,365.59 Total Number of Checks: 68
When the question was put a roll call vote was taken with the following results: Ayes: Aldermen Catalano, Jakab, Messina, Sorrentino, Susmarski and Woods Nays: None Whereupon the Mayor declared the motion carried.
XI. EXECUTIVE SESSION On a motion by Alderman Susmarski, seconded by Alderman Woods, to adjourn the Regular Meeting of November 5, 2020 to go to Executive Session to discuss the Review of the Official Record [Pursuant to 5ILCS120/2(c)(21)], Land Acquisition [Pursuant to 5ILCS120/2(c)(5)], and Pending Litigation [Pursuant to 5ILCS120/2(c)(11)]. When the question was put, all Aldermen voted in the affirmative.
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XII. ITEMS TO BE REFERRED None
XIII. ITEMS FOR INFORMATION ONLY None
XIV. ADJOURNMENT On a motion by Alderman Susmarski, seconded by Alderman Woods, to adjourn the Regular Meeting of November 5, 2020 to go to Executive Session to discuss the Review of the Official Record [Pursuant to 5ILCS120/2(c)(21)], Land Acquisition [Pursuant to 5ILCS120/2(c)(5)], and Pending Litigation [Pursuant to 5ILCS120/2(c)(11)]. When the question was put, all Aldermen voted in the Affirmative. Whereupon the Mayor declared the meeting adjourned at 8:05 p.m.
Minutes Taken by City Clerk Lynn Curiale Reviewed by Legal Counsel Patrick Bond
Packet Page #9 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19, 2020 Subject: Squad Car Computer Replacement Staff Contact: Nick Kace, Director of IT Department: Administration / Police
TITLE: Approval of a Squad Car Computer Replacement in the Amount not to Exceed $83,867.67
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 7/0
Below you will find 3 competitive quotes received along with the lowest cost option selected listed first:
Heartland Business Systems -$83,867.67 CDWG - $84,391.92 Rugged Depot - $93,369.83
RECOMMENDATION: Approve the replacement of 15 squad in-car computers and associated docking bays, mounts, antennas, desktop docks, and keyboards in an amount not to exceed $83,867.67.
BACKGROUND: The MDTs are a critical part of our daily patrol activities that officers rely on to perform numerous tasks as well as operate the in-car/body cameras and systems. They are used for:
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• Receive calls for service through Integraph • Write reports in the squad via RMS • Issue and print electronic citations and parking tickets • Complete traffic crash reports • Read and respond to emails • Provide GPS location of the officer to be viewed by dispatch • Manage the video and audio recording of every traffic stop
This list is not exhaustive, but as you can see, a squad without a working Toughbook greatly handicaps the officer in performing their duties. Our current mobile data terminals (MDTs) are going on 8 years old. The docking stations, mounts, and antennas in the vehicles were not replaced during the last refresh, putting them at over 12 years old. These units are used 24 hours a day, seven days a week in all temperature and humidity conditions. We are beginning to experience multiple failures that are expensive to fix. During this fiscal year, we have experienced numerous issues, primarily from critical components on the motherboard, however, since this was a budgeted item we have tried our best to work around these issues, forgoing repair costs due to the upcoming replacement.
ANALYSIS:
This item was budgeted for in this year’s CIP, and after collecting 3 quotes from different vendors, Heartland Business Systems were the lowest at $83,867.67. It is important to note that due to COVID-19 resulting an increase in the cost of electronic components, the funding will be split between the IT CIP account and the DUI Tech fund. As part of our DUI enforcement efforts, the City receives funding after each conviction for the future enforcement of DUI violations, commonly known as the DUI Technology Fund. These funds, as designated by statute, ... "shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof...“ This includes the purchase of equipment, including our MDTs that are used for the purposes listed above. All of these assist in the prosecution of a DUI case.
There is approximately $110,000 in the DUI Technology Fund at this time. The yearly receipts in the account vary, but are on average about $19,000-$20,000. This fund will continue to be replenished through the enforcement of ongoing and future cases.
DOCUMENTS ATTACHED Heartland Business Systems Getac Quote
Packet Page #11 CoWD GETAC for the Police Department Quote #234685 v2
Prepared For: Prepared By: Date Issued: City of Wood Dale Chicago Illinois Office 11.04.2020 Nick Kace Mike Carroll 404 N. Wood Dale Road 5400 Patton Drive Suite 4B Expires: Wood Dale, IL 60191 Lisle, IL 60532 11.23.2020
P: (630) 787-3710 P: 608-444-7994 E: [email protected] E: [email protected]
Getac A140 G2 Price Qty Ext. Price AM4OT6QA9BX A140 G2 - Intel Core i7-10510U Processor, W/ Webcam, Microsoft Windows 10 $4,128.23 15 $61,923.45 S Pro x64 with 16GB RAM, 512GB PCIe SSD, Sunlight Readable (Full HD IPS+ Touchscreen), US Power Cord, 8M Rear Camera + 1D/2D Imager barcode reader, WIFI + BT + GPS / Glonass + 4G LTE
GAD2X8 Getac 120W 11-16V, 22-32V DC Vehicle adapter (Bare Wire), 3 year warranty $94.78 12 $1,137.36
GDOFUU Getac A140 Trolley Dock Station with AC adapter $603.17 6 $3,619.02
OHHGTC8013 Getac A140-Havis Vehicle Docking W/ Tri-Passthrough, W/ Bracket $644.84 12 $7,738.08
GDKBU9 Getac Rugged Keyboard, 3 year warranty $214.56 15 $3,218.40
C-SM-SA Havis Mounting Bracket for Vehicle Console $32.71 12 $392.52
7160-0822 Close-To-Dash Mount, Chevy Tahoe $143.77 12 $1,725.24
7160-0928 Gamber-Johnson Mongoose Vehicle Mount for Computer - Black Powder Coat $190.65 12 $2,287.80 - Black Powder Coat
590GBL000240 Getac Antenna - Cellular Network, Wireless Data Network, GPS, Satellite $152.15 12 $1,825.80 Communication - Black - Screw Mount
Subtotal $83,867.67
Quote Summary Amount Getac A140 G2 $83,867.67 Total: $83,867.67
This quote may not include applicable sales tax, shipping, handling and/or delivery charges. Final applicable sales tax, shipping, handling and/or delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 15% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns are accepted by HBS without prior written approval. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2018.v2.0 or later, or the parties have executed a current master services agreement, the signed agreement shall supersede the version on the website. QT.2020.v1.0
Acceptance Chicago Illinois Office City of Wood Dale
Mike Carroll Signature / Name Signature / Name Initials 11/04/2020 Date Date
Packet Page #12 Quote #234685 v2 Page: 1 of 3 HTG Standard Terms & Conditions
STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., (“Heartland” or “Seller”),with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (“Buyer”) who purchases products and/or services from Heartland.
1. ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland. 2. PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of HBSFLEX Agreement invoices. HBSFLEX Agreement invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3. FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4. SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5. WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6. PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this Agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid HBSFLEX Agreement purchased by the Buyer, at the rates set forth in the most current version of the HBSFLEX Volume Service Schedule, as updated from time to time, or may be billed out to the Buyer at the then-prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a HBSFLEX Agreement or billed out at an hourly rate, all terms of this Agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. HBSFLEX Agreements may not be used to purchase products, and each HBSFLEX Agreement shall automatically expire eighteen months after the date of invoice for that HBSFLEX Agreement. 1. Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, whichever applies. 2. HBSFLEX Agreements. Buyer may choose to purchase a pre-paid HBSFLEX Agreement from Seller. When a HBSFLEX Agreement is purchased, labor and travel charges incurred will be applied against the HBSFLEX Agreement. Buyer will receive informational invoices detailing the services as they are provided. 1. When a pre-paid HBSFLEX Agreement is exhausted an additional HBSFLEX Agreement may be purchased. If an additional HBSFLEX Agreement is not purchased, then services will be billed out at the then-prevailing hourly rate. 2. Either party may terminate a pre-paid HBSFLEX Agreement by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this Agreement is terminated before the HBSFLEX Agreement is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 3. Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a HBSFLEX Agreement then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. 7. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8. FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9. ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10. EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11. BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this Agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12. BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13. BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14. NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or Packet Page #13 Quote #234685 v2 Page: 2 of 3 indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that Heartland may bring an action for injunctive relief and/or actual damages to enforce this provision. 15. SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16. EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17. ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. All data and intellectual property provided by Seller in connection with this Agreement shall belong to Seller (“Heartland Materials”). Seller shall retain all rights and interests in and to the Heartland Materials after the completion of this Agreement. 18. CLOUD SERVICES. Buyer agrees and acknowledges that in order to provide a high level of service, Seller may store Buyer’s information in the public cloud. This information may include but is not limited to drawings, pictures, equipment layouts, passwords, backups, or configuration files. Buyer agrees and acknowledges that the cloud is a separate and independent network, which is not controlled by Seller, and that Seller shall have no liability whatsoever, under any circumstances, for any damages arising out of or relating to the use of the public cloud, including but not limited to the loss of any information. 19. CHOICE OF LAW. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. 20. ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this Agreement or in any way related to the transaction that is evidenced by this Agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 21. SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the extent permitted by law. 22. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 23. ADDITIONAL WORK. In the event that Seller agrees to provide additional products or service not specifically covered by this Agreement, the terms and conditions of this Agreement shall govern, unless otherwise provided in writing. 24. ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties.
Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland.
STC.2020.v1.0
Packet Page #14 Quote #234685 v2 Page: 3 of 3 REQUEST FOR COUNICL ACTION
Referred to Council: November 19, 2020 Subject: Veteran’s Park Landscaping Staff Contact: Alan Lange, Public Works Director Department: Public Works
TITLE: A Resolution Approving an Agreement with HR Green Development, LLC for the Veteran’s Park Landscaping Plan in an Amount Not to Exceed $12,000
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – Passed 7-0
RECOMMENDATION: Staff Recommends a Resolution Approving an Agreement with HR Green Development, LLC for the Veteran’s Park Landscaping Plan in an Amount Not to Exceed $12,000.
BACKGROUND: The City Council has previously requested staff employ the services of a qualified landscape architecture firm to enhance the landscaping at Veteran’s Park to provide improved visual sight lines to the existing memorial as well as the new service branch medallions as well as improving the overall aesthetics of the area. HR Green provides this service and provided the initial review of this area during the renovations to the adjacent wastewater treatment plant. HR Green will provide Council with three concept plans focusing on the area to the south of the existing memorial surrounding the utilities equipment as well as the area in front of the new medallions. Ideas to rehabilitate the compensatory storage basin will also be considered. HR Green will present the concept plans to Council and create a refined plan and estimate of probable costs based on the Council’s recommendations.
ANALYSIS: Staff had budgeted $75,000 within the CIP for improvements to Veteran’s Park during FY 2021. $39,130 has been allocated for the purchase and installation of the five bronze medallions leaving $35,870 remaining to address the landscaping.
Packet Page #15
DOCUMENTS ATTACHED Resolution HR Green Proposal
Packet Page #16 RESOLUTION NO. R-20-82
A RESOLUTION APPROVING AN AGREEMENT WITH HR GREEN DEVELOPMENT, LLC FOR THE VETERAN’S PARK LANDSCAPING PLAN IN AN AMOUNT NOT TO EXCEED $12,000
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks the HR GREEN for the VETERAN’S PARK LANDSCAPING PLAN; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services of HR GREEN, the Mayor and the City Council find HR GREEN is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #17 PASSED this 19th day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19th day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #18 Simple Scope Short Form Agreement
Project: Wood Dale Veterans Park Project No: 201290 Landscape Design Phase No(s).: Date: 10/21/2020
Client: City of Wood Dale Contact: Alan Lange Title: Director of Public Works Address: 720 North Central Avenue City/State/Zip: Wood Dale, IL 60191 Phone/Fax No. 630.350.3530
1.0 Project Understanding:
The CLIENT agrees to employ HR Green Development, LLC (COMPANY) to perform the following services:
It is our understanding the CLIENT wishes to renovate the existing landscaping around their Veterans Memorial Park in Wood Dale, IL. The CLIENT’S purpose is to open the existing area, by thinning vegetation (especially some stands of trees) to provide better visual sight lines to the existing and proposed commemorative and aesthetic elements of the park. The CLIENT desires better visual accessibility of the park from the road as well as a more inviting and updated aesthetic experience for visitors to the park. Medallions are being placed on the south side of the westernmost Public Works building as part of a separate contract to commemorate the branches of the military. Specifically, the CLIENT would like to create the aforementioned sight lines to the medallions from the roadway, as well as open other views into the park space.
Review and replacement of the Compensatory Storage basin plant material is to be considered. Review and suggestions of the existing monument landscape on the south-east corner is to be considered. Review and replacement of the planting material in the tree wells within the hardscaped plaza. The noted work immediately above is beyond the initial primary areas of focus as illustrated on the exhibit provided by the CLIENT (attached).
2.0 Scope of Services
The CLIENT agrees to employ COMPANY for the below scope of services:
COMPANY will provide three (3) preliminary concept plan sketches conducive for an interactive review process with the CLIENT. The three concept plans will incorporate different site features and layouts as well as a landscape material board with representative photos depicting various options. Based on feedback from the meeting, we will refine the concepts to one (1) preferred concept to be presented to the CLIENT for their use and be the basis for the contract plan
Version2.0 12172018 Packet Page #19 Short Form Agreement Wood Dale Veterans Park 201290 October 21, 2020 Page 2 of 4 development along with the other bid documents. The preferred concept will include a rendered plan. Upon request, a 3D rendering of the preferred plan will be generated. This service is not covered in this contract and would be completed for an additional fee based on Time & Material (T & M), if desired.
A concept level opinion of probable cost will be provided for the preferred concept plan.
If any further changes are requested after the refined concept is presented, these changes can be made for an additional fee based on T & M.
3.0 Deliverables Included in this Contract
3.1 Prints
A) Concept 1 • Plan sketch • Landscape Material Board
B) Concept 2 • Plan Sketch • Landscape Material Board
C) Concept 3 • Plan Sketch • Landscape Material Board
D) Refined Concept • Rendered Plan • Landscape Material Board
E) Concept Level of Probable Cost
4.0 Items not included in Agreement/Supplemental Services
The items below are not included as part of this agreement: Landscape Plan Detailed Grading/Site Engineering/Erosion Control Plan Construction Details and Specifications Lighting/Site Furnishing Design Site Survey Tree Survey Tree Preservation Plan Existing Landscape Inventory Construction Administration, Bid Documents, Bid Letting and Bid Review Construction Field Visit/Observation Irrigation Plan Engineer’s Opinion of Probable Cost
Supplemental services not included in the agreement can be provided by HR Green Inc. under separate agreement, if desired.
Version2.0 12172018 Packet Page #20 Short Form Agreement Wood Dale Veterans Park 201290 October 21, 2020 Page 3 of 4
The CLIENT agrees to employ HR Green, Inc. for the above scope of services:
Lump Sum in the amount of $12,000.00
Reimbursable Expenses Included
Copy To:
Accounting
TERMS AND CONDITIONS Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. COMPANY’s services under this AGREEMENT are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any claim against COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants, vendors and other entities involved in this project to carry out the intent of this provision. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys’ fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT’s use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY’s expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT’S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY
Version2.0 12172018 Packet Page #21 Short Form Agreement Wood Dale Veterans Park 201290 October 21, 2020 Page 4 of 4
harmless from all claims, injuries, damages, losses, expenses, and attorneys’ fees arising out of the modification or reuse of these materials. The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's agreement with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY’s consultants shall be indemnified and shall be made additional insureds on the general contractor’s and all subcontractor’s general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY’s officers, directors, partners, employees, shareholders, owners and sub-consultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and sub-consultants to all those named shall not exceed $10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Invoices for COMPANY’s services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys’ fees. The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd-Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request.
This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below.
City of Wood Dale HR GREEN DEVELOPMENT, LLC Jeff Mermuys 2636 Sequoia Drive, Suite 101 City Administrator Aurora, IL 60506
Accepted by: Approved by:
Printed/ Printed/ Typed Name: Nunzio Pulice Typed Name: Ron Krall
Title: Mayor Title: Principal/Senior Project Manager
Date: Date:
Version2.0 12172018 Packet Page #22 REQUEST FOR COUNCIL ACTION
Referred to Council: November 19, 2020 Subject: Wind Sculpture/Veteran Medallions Lighting Staff Contact: Alan Lange, Public Works Director Department: Public Works
TITLE: Rejection of Bids in Connection with Wind Sculpture/Veteran Medallions Lighting
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – Passed 7-0
RECOMMENDATION: Staff Recommends Rejection of Bids in Connection with Wind Sculpture/Veteran Medallions Lighting.
BACKGROUND: As discussed previously at Council the Wind Sculpture/Veteran’s Memorial Medallion Lighting Project was competitively bid, with one contractor, H&H Electric, submitting a bid for the work. The lump sum cost for the work came in at $194,651.30. This project consisted of the purchase and installation of wind sculpture up lighting for the 9 wind sculptures at various locations, overhead lighting for the newly purchased Veteran’s Memorial medallions, as well new bollard lights around the Veteran’s memorial.
Obviously, the cost of this work came in much higher than expected. After discussing the pricing with the bidder they indicated that the higher than expected bid was related to the price of the specified fixtures, certain issues with installing conduit within the treatment plant mechanical room, as well as some unknowns related to the work which caused them to bid likely higher than necessary man hours into the bid proposal. They believed the best route for the City was to purchase the lighting material separately and enter into a Time and Materials agreement with H&H to install the fixtures.
Packet Page #23 ANALYSIS:
Veteran’s Memorial
This project was to be funded along with the Veteran’s Park Improvements within the CIP in an amount of $75,000. The budgeted amount wasn’t really intended to fund this complex of a project, nor fund the Wind Sculpture lighting. To date $39,130 has been allocated for the purchase and installation of the five bronze medallions, and $12,000 would be used for the Landscaping Concept Plan by HR Green which is also on this agenda. This would leave $23,870 leftover for the rest of the Veteran’s Memorial project. In all likelihood we will not expend the remaining $23,870 this fiscal year for the Veteran’s Memorial, but budget a higher amount during budget season for FY 22 so we can complete the landscaping and proper lighting at the Veteran’s Memorial in the spring once we receive the design work from HR Green assuming their separate contract is approved.
Wind Sculpture Lighting
While the Streetscape Committee has recommended the lighting of the sculptures, at this point, staff does not concur with that potential expenditure. It is estimated that the hard costs for the equipment alone will come to $45,000. Originally all nine sculptures were the focal point of the Wood Dale Road/Irving Park Road intersection and it made sense to illuminate them as they were visible at all times and the focal point. Moving locations and separating them to lower visibility sites does not necessarily warrant lighting expenditures of this magnitude. However, that being said, if Council concurs with Streetscape that these sculpture should once again need to be illuminated we would need direction to rebid the project on its own merits as both projects at this point need to be separated for simplicity, budgeting and timing.
DOCUMENTS ATTACHED None
Packet Page #24 REQUEST FOR COUNCIL ACTION
Referred to Council: November 19, 2020 Subject: DRSCW Agreement Staff Contact: Alan Lange, Public Works Director Department: Public Works
TITLE: A Resolution Approving an Agreement between the City of Wood Dale and the DuPage River-Salt Creek Workgroup for the Special Condition Extension in an Amount Not to Exceed $178,406
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – Passed 7-0
RECOMMENDATION: Staff Recommends a Resolution Approving an Agreement between the City of Wood Dale and the DuPage River-Salt Creek Workgroup for the Special Condition Extension in an Amount Not to Exceed $178,406.00.
BACKGROUND: The City of Wood Dale is required to perform a number of regulatory studies and stream improvements to comply with our NPDES permits. The DuPage River-Salt Creek Workgroup has previously negotiated with the IEPA to allow for a Special Condition to NPDES permit requirements for Publicly Owned Treatment Works (POTWs). The Special Condition allows municipalities to enter into a local funding program to complete alternate stream restoration projects. This allows communities to partner on stream restoration projects to meet the requirements of their NPDES permits as opposed to meeting the requirements themselves which would necessitate costly treatment facility upgrades and increased plant operations.
ANALYSIS: The City previously entered into an agreement with DRSCW to participate in the Special Condition which expires at the end of 2022. This agreement extends the City’s participation through 2027. Annual dues and project assessment fees are listed below and planned projects are further detailed in the attached Implementation Plan.
Packet Page #25 Remaining Obligations under existing agreement
Date Annual Dues Project Assessments Total Payment
June 1, 2021 $8,377 $54,274 $62,651 June 1, 2022 $8,628 $55,902 $64,530
New Obligations under this agreement
Date Annual Dues Project Assessments Total Payment
June 1, 2023 $8,887 $50,312 $59,199 June 1, 2024 $9,154 $50,312 $59,466 June 1, 2025 $9,429 $50,312 $59,741
From an economic perspective, participation in this work group is expected to save the City significant costs. The work group has negotiated with IEPA for an extension of three years on our phosphorous limit in return for making additional stream improvements. This will defer both of our plants from additional operating costs. It will also defer a number of capital improvement costs. Finally, it will allow a better design for the capital costs since we are presently going to be starting with an interim limit which will later be revised to a lower science based number which we do not know the value at this time. By deferring the capital work, we hope to design a system knowing what the actual numerical limit is.
This agreement will be pending participation of the other communities and approval of USEPA. Several communities and local wastewater authorities have already joined or are requesting authority. DRSCW is confident that enough communities will participate to meet funding requirements. When enough communities have participated, DRSCW group will request approval from USEPA.
These expenses will be taken from the Wastewater – Industrial Pretreatment budget line where $190,000 has been budgeted for FY 2021.
DOCUMENTS ATTACHED Resolution Agreement Original Acceptance Letter DRSCW Implementation Plan
Packet Page #26 RESOLUTION NO. R-20-83
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WOOD DALE AND DUPAGE RIVER-SALT CREEK WORKGROUP FOR THE SPECIAL CONDITION EXTENSION IN AN AMOUNT NOT TO EXCEED $178,406
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks the DUPAGE RIVER- SALT CREEK WORKGROUP for the SPECIAL CONDITION EXTENSION; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services of DUPAGE RIVER- SALT CREEK WORKGROUP., the Mayor and the City Council find DUPAGE RIVER- SALT CREEK WORKGROUP is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #27 PASSED this 19th day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19th day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #28 AN AGREEMENT BETWEEN CITY OF WOOD DALE AND THE DUPAGE RIVER/SALT CREEK WORKGROUP
THIS AGREEMENT is entered into by and between CITY OF WOOD DALE, an Illinois municipality, and the DUPAGE RIVER/SALT CREEK WORKGROUP (DRSCW), an Illinois not-for-profit corporation, concerning the participation of CITY OF WOOD DALE in a DRSCW local funding program to complete alternate stream restoration projects, described herein.
WHEREAS, DRSCW was organized in 2005 to monitor, maintain and improve stream quality in the watersheds of Salt Creek and the East and West Branches of the DuPage River; and
WHEREAS, CITY OF WOOD DALE has supported and participated in DRSCW as an
,Agency member since 2005; and
WHEREAS, DRSCW negotiated a special condition for inclusion in the NPDES permits of Publicly Owned Treatment Works (POTWs) discharging into the above referenced watersheds, hereinafter referred to as “DRSCW Special Condition”; and
WHEREAS, the DRSCW Special Condition, attached as Exhibit A, and the referenced
DuPage River/Salt Creek Workgroup (DRSCW) Implementation Plan, dated April 16, 2015, attached as Exhibit B, herein after referred to as “DRSCW Implementation Plan”, allowed CITY
OF WOOD DALE to participate in the DRSCW local funding program to complete alternate stream restoration projects; and
WHEREAS, CITY OF WOOD DALE accepted the DRSCW Special Condition in
NPDES Permit Numbers IL0020061 & IL0034274 for POTW facilities owned by CITY OF
WOOD DALE and provided a letter of intent to DRSCW, dated , attached as Exhibit
C, to participate in the DRSCW local funding program; and
Packet Page #29
WHEREAS, DRSCW has negotiated an extension of the DRSCW Special Condition for another five (5) year period, based on a revision to the DRSCW local funding program, attached as Exhibit D and herein after referred to as “DRSCW Special Condition Extension 1”; and
WHEREAS, CITY OF WOOD DALE now desires to accept DRSCW Special Condition
Extension 1 and to participate in the revised DRSCW local funding program, as detailed herein, and to formalize the obligations of CITY OF WOOD DALE and DRSCW under said programs; and
NOW, THEREFORE, in consideration of the above stated preambles and the mutual covenants and promises hereinafter contained, CITY OF WOOD DALE and DRSCW formally covenant, agree, and bind themselves as follows to wit:
AGREEMENT TERM
1. The term of the original commitment for the DRSCW Special Condition shall end on
December 31, 2022.
2. The term of this Agreement for the DRSCW Special Condition Extension 1 shall
commence upon execution by both parties, as detailed herein, and upon the receipt by
DRSCW of executed agreements from other DRSCW Agency members owning
and/or operating a POTW that also received an NPDES permit for said facilities
containing the DRSCW Special Condition Extension 1 that, in the judgement of the
DRSCW Executive Board, contain sufficient financial commitments, in the
aggregate, to complete the alternate stream restoration projects contained in the
DRSCW Special Condition Extension 1. The term of this Agreement shall then end
on December 31, 2027.
2 Packet Page #30
3. In the event that NPDES Permit Number IL0020061 & IL0034274 shall be modified
or renewed during the term of this Agreement and CITY OF WOOD DALE is no
longer obligated in said modified or renewed permit to participate in the original or
revised DRSCW local funding program, this Amendment may be terminated by
CITY OF WOOD DALE upon not less than thirty (30) calendar days written notice
(delivered by certified mail, return receipt requested) of intent to terminate to
DRSCW.
CITY OF WOOD DALE RESPONSIBILITIES
1. CITY OF WOOD DALE agrees to remain an Agency member of DRSCW and to pay
dues and project assessments to DRSCW as detailed below:
Payment Annual Project Total Due Dates Dues Assessments Payment
Remaining Obligations
June 1, 2021 $8,377 $54,274 $62,651 June 1, 2022 $8,628 $55,902 $64,530
New Obligations
June 1, 2023 $8,887 $50,312 $59,199 June 1, 2024 $9,154 $50,312 $59,466 June 1, 2025 $9,429 $50,312 $59,741
4. CITY OF WOOD DALE shall cooperate with DRSCW in the completion of those
tasks designated to be completed by either CITY OF WOOD DALE or DRSCW in
the DRSCW Special Condition or DRSCW Special Condition Extension 1.
5. CITY OF WOOD DALE shall indemnify and hold DRSCW harmless from and
against any and all liabilities, demands, claims, suits, losses, damages, causes of
3 Packet Page #31
action, fines or judgments, including costs and attorney’s fees, and related expenses
that result from the intentional acts or omissions of CITY OF WOOD DALE.
DRSCW RESPONSIBILITIES
6. DRSCW will receive and administer the project assessment funds as detailed herein.
7. DRSCW will enter into contracts with the appropriate entities to complete the studies,
plans, models and reports and the design and permitting of projects contained in the
DRSCW Special Condition and DRSCW Special Condition Extension 1 and shall pay
for those contracts from project assessment funds.
8. Upon the accumulation of sufficient project assessment funds, DRSCW will enter
into contracts with project sponsors, i.e. the appropriate entity, property owner and/or
facility owner, for the design, permitting and/or construction of the projects listed in
the DRSCW Special Condition and DRSCW Special Condition Extension 1 and shall
pay for those contracts from project assessment funds.
9. If the balance of available project assessment funds exceeds the total cost of the
projects and obligations listed in the DRSCW Special Condition and DRSCW Special
Condition Extension 1, DRSCW will identify, prioritize and build consensus for
additional stream restoration projects beyond those contained in the DRSCW Special
Condition, in accordance with the process described in the DRSCW Implementation
Plan.
10. DRSCW will continue to perform its basin assessment as detailed in the DRSCW
Implementation Plan. At minimum, each basin will be assessed every 4 years.
4 Packet Page #32
11. DRSCW shall cooperate with CITY OF WOOD DALE in the completion of those
tasks designated to be completed by either CITY OF WOOD DALE or DRSCW in
the DRSCW Special Condition or DRSCW Special Condition Extension 1.
12. If any project assessment funds remain after the completion of the projects and
obligations contained in the DRSCW Special Condition, DRSCW Special Condition
Extension 1, and any additional projects obligated under Paragraph 8 above, DRSCW
will return said excess funds to CITY OF WOOD DALE in proportion to the total
project assessment funds paid by all DRSCW Agency members.
13. DRSCW shall indemnify and hold CITY OF WOOD DALE harmless from and
against any and all liabilities, demands, claims, suits, losses, damages, causes of
action, fines or judgments, including costs and attorney’s fees, and related expenses
that arise out of the actions of DRSCW, and DRSCW assumes all the risk in the
operation of its business hereunder and shall be solely responsible and answerable for
any and all payments, accidents or injuries to persons or property arising out of the
performance by DRSCW under this Agreement.
GENERAL PROVISIONS
14. This agreement may be terminated in whole or in part, in writing by either party in
the event of substantial failure (“termination by default”) by the other party to fulfill
its obligations under this Agreement through no fault of the terminating party,
provided that no such termination may be effected unless the other party is given (1)
not less than twenty-one (21) calendar days written notice (delivered by certified
mail, return receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party prior to termination. In addition, CITY OF
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WOOD DALE and DRSCW reserve the right to terminate this agreement if either
respective governing board determines that funding is not available to continue this
agreement or that the mission of either organization is not furthered by continuing
this affiliation.
15. This document shall be the final and complete embodiment of the Agreement by and
between CITY OF WOOD DALE and DRSCW. No oral changes, modifications, or
additions to this Agreement shall be permitted or allowed. Changes, modifications,
or additions to this Agreement shall be made only in writing and contain the
necessary and proper signatures of CITY OF WOOD DALE and DRSCW.
16. Any dispute arising under or in connection with the Agreement or related to any
matter which is the subject of the Agreement shall be subject to the exclusive
jurisdiction of the state and/or federal courts located in DuPage County, State of
Illinois.
17. In the event that any provisions of this Agreement shall be held invalid or
unenforceable by a court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provisions hereto.
18. This agreement shall be binding upon and inure to the benefits of the parties hereto,
their successors and assigns.
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Dated at ______, Illinois, this _____ day of ______, 2020.
CITY OF WOOD DALE
By: ______Mayor, Annunziato Pulice
Attest: ______Clerk, Lynn Curiale
Dated at Naperville, Illinois, this _____ day of ______, 2020.
DUPAGE RIVER/SALT CREEK WORKGROUP
By: ______President
Attest: ______Secretary/Treasurer
7 Packet Page #35 Police City Offices (630) 766-4900 Non-Emergency (630) 766-2060 CITY OF WOOD DALE
404 NORTH WOOD DALE ROAD WOOD DALE, ILLINOIS 60191-1596 President and Executive Board DuPage River Salt Creek Workgroup 10S404 Knoch Knolls Road Naperville, Il 60565
Dear DRSCW President and Executive Board,
We are pleased to provide this letter which shall confirm the intent of (Agency name) to accept the DuPage River Salt Creek Workgroup (DRSCW) Special Condition in the NPDES permits for our facilities and to participate as an Agency member of the DRSCW, including the payment of dues and projects assessments as detailed in the DRSCW Implementation Plan, dated April 16, 2015, and as provided below:
Payment Annual Project Total Due Dates Dues Assessments Payment
June 1, 2016 $7,228 $24,241 $31,469 June 1, 2017 $7,443 $35,888 $43,331 June 1, 2018 $7,667 $36,787 $44,454 June 1, 2019 $7,896 $51,159 $59,055 June 1, 2020 $8,134 $52,693 $60,827 June 1, 2021 $8,378 $54,274 $62,652 June 1, 2022 $8,629 $55,902 $64,531
This intent to participate is contingent upon the receipt by the DRSCW of commitment letters or executed agreements from other DRSCW Agency members owning and/or operating a POTW that also received an NPDES permit for said facilities containing the DRSCW Special Condition that, in the aggregate, contain sufficient financial commitments to complete the alternate stream restoration projects contained in the DRSCW Special Condition.
Sincerely yours,
Annunziato Pulice, Mayor
Packet Page #36 DuPage River Salt Creek Workgroup (DRSCW) Implementation Plan
April 16 2015
General Information
The DuPage River Salt Creek Workgroup (DRSCW) is a coalition of publicly owned treatment works (POTWs), MS4 communities, citizen advocacy groups and professional firms focused on meeting Clean Water Act (CWA) goals in the East Branch DuPage River, the West Branch DuPage River, and Salt Creek watersheds (see location map below), particularly the designated use for aquatic life. The DRSCW was formed to carry out the adaptive management as recommended in the approved Total Maximum Daily Load (TMDL) studies for these watersheds.
The DRSCW is funded by membership dues principally from local government agencies, based on POTW design average flow and their drainage area within the watersheds. Illinois EPA’s Section 319 program has also been a significant source of funding.
The DRSCW’s adaptive management approach focuses on high resolution, comprehensive monitoring of chemical, biological, and physical characteristics of the watersheds. This monitoring provides the data needed to execute the ‘Plan-Do- Check-Act’ methodology inherent to adaptive management. Monitoring and analysis provides insight into the highest priority stressors affecting stream health in order to identify projects or initiatives with the greatest potential to attain stream use goals. Monitoring also provides the feedback needed to properly assess the impacts of cutting-edge stream restoration projects and water quality initiatives to better formulate future activities.
Holistic monitoring and analysis of stream characteristics in the DRSCW program area show that point source loading offers an insufficient explanation for the inability of local streams to support aquatic life in 2013. Based on the empirical evidence, physical anthropomorphic modifications to stream corridors and nonpoint source pollution provide much more compelling explanations. Early projects completed by the Workgroup have focused on dam removal (where marked improvements in stream biological health have already been documented) and chloride reduction. Actions need to be carried out on a scale many times
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larger than the Workgroup’s current effort, need to be systematically applied over an extended period of time, and need to be guided by a system where actions are prioritized both by nature (physical restoration, pollutant abatement) and space (stream reaches) in order to ensure measurable progress.
The DRSCW has developed and maintains a project prioritization system (Identification and Prioritization System or IPS) that uses monitoring data it has collected to identify priority stressors at a small spatial scale and prioritizes the assessed stream reaches for restoration activities. This prioritization system is used to identify potential projects for further development, including preliminary scopes and costs. Post project monitoring is used to evaluate impacts, identify the next set of activities and improve the design of future projects based on improved understanding of the relationships between stressors and biological communities.
The DRSCW’s data and analysis currently shows that major investments in channel form, in- stream and riparian habitat and nonpoint source pollutant abatement at a watershed scale are essential to make efficient and measurable progress towards attaining the designated uses for aquatic life.
The plan presented here-in represents activities that the DRSCW will perform as part of an adaptive management program focused on working towards the aquatic life use goals in the affected watersheds during two 5 year NPDES permit cycles.
This plan includes a list of preliminary projects that will deliver significant and verifiable improvements to local aquatic communities, because they directly address the most significant aquatic life stressors in these particular watersheds. To fund these watershed plan projects, this plan establishes a funding structure that would generate approximately $7.5M over the initial five-year NPDES permit cycle, and approximately $15.5 M over the eight year period of the assessment.
The plan is designed to be amended for future planning periods coinciding with future NPDES permit cycles. Project completion and further monitoring and assessment will continually adjust priorities and identify additional projects and activities needed to achieve stream use goals. This implementation plan will be amended to reflect the priority projects and activities that are relevant at the time of subsequent renewal cycles of NPDES permits in the watershed. An amended plan will be available to be referenced when subsequent NPDES permit renewals are needed.
The DRSCW understands that the responsibility to develop this adaptive implementation management plan and associated watershed based priorities rests with the municipalities that choose to pursue implementation of the plan. The workgroup structure is contingent upon DRSCW members making funds available for, and then executing and evaluating the watershed plan projects. All parties understand and agree that the responsibilities and benefits of the implementation plan accrue to all the participating agencies in the program area.
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This plan allows public and private managers to allocate their limited financial and human resources to address the most critical problems impinging on aquatic life in a prioritized systematic manner inside a framework of clear environmental outcomes and objectives. These objectives and outcomes are the status and integrity of aquatic assemblages, a primary goal of the Clean Water Act. As such, the objectives of the plan are the same as those of the Clean Water Act. The IPS tool is aimed at moving towards the goal of the Clean Water Act of attaining full support of aquatic communities.
Projects and Activities
The DRSCW has created a prioritized list of preliminary projects and activities which it calculates will improve aquatic assemblages in a measurable and systemic manner (Table 1, depicted geographically in Map 1). The projects were selected by scoring high in the DRSCW’s Identification and Prioritization System (IPS) tool, (Appendix 1), or via identification in the DRSCW’s TMDL implementation analyses (Appendices 2 & 3). In some instances, these deliver common priorities (Fullersburg Dam modification, chloride reduction BMPs, etc). The IPS is based on extensive monitoring data: assemblages; physical habitat; water and sediment chemistry; land cover analysis; and stream features (dams, outfalls and culverts), and scores projects 1-6 in descending order of priority.
Table 1 lists and describes projects the DRSCW and partner agencies are committed to pursuing during the initial 5 year planning period. A more complete list of projects that will be pursued by member agencies that meet the DRSCWs priorities can be found in the “White Paper- Adaptive Management to meet the Aquatic Life goal”. Table 1 includes projected short and long term outcomes. Projects shaded in red will be funded out of the proposed project funding mechanism contained in this plan. Project funding will cover engineering, permitting and construction and post project monitoring (of construction and vegetation integrity). After these projects have been completed, there will be a reassessment of priorities and generation of a second list of priority projects. The second list of projects cannot be generated at this time as they, by the very nature of adaptive management, rely on assessment of the first set of actions. The development of the second set of activities and the other actions shaded in blue, will be funded by membership dues and includes post project impact monitoring (IBI and QHEI) surveys. If an action on either the first of second project lists proves impossible due to engineering or permitting issues DRSCW will select a replacement action from its IPS methodology.
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TABLE 1. Priority Projects For Cycle 1
Drainage Location Approximate Activities DO Imp. IPS Long Term Project Name TMDL Short Term Objectives Estimated basin/ (RM or and Project Project Ranking Objectives Schedule (Map 1 code) Imp. (1-2 years) Cost waterbody Other) Description (A2) (A1) (4-6 years) Oak Meadows Golf Salt Creek 23.5 Remove Oak Meadows Yes 3 Yes Improve average daily DO; Improve average Complete $250,000 Course dam dam decrease Diel daily DO; decrease 2016 removal (A) Diel, improve fish passage Oak Meadows Golf Salt Creek 23.5-25 Naturalize 1.5 miles of Yes 3 No Raise QHEI from 46.5 to Raise mIBI from 21 Complete $2,000,000 Course dam stream corridor. >70.0; reduce nutrients by to > 35 to 1-1.5 2017 removal and stream Construct meanders 760 lbs. P/year, 1521 lbs. miles of river; raise restoration (B) and cobble substrate. N/year, 760 tons sediment/ fIBI from 19 to 25 Plant vegetated buffers year for 1-1.5 miles of on riparian land. river Fullersburg Woods Salt Creek 10.5 Modify dam to Yes 1-2 Yes Improve average daily DO; Raise fIBI from 19 to Complete $1,500,000 dam modification improve DO in the raise QHEI from 39.5 to 27; raise mIBI from 2021 (C) upstream >70.0 35 to > 42 for 1.5 impoundment and fish miles of river passage. Fullersburg Woods Salt Creek 10.5-12.0 Naturalize upstream Yes 1-2 Yes Improve average daily DO; Raise fIBI from 19 to Complete $1,500,000 dam impoundment 1.5 miles of stream raise QHEI from 39.5 to 27; raise mIBI from 2022 area stream corridor to include >70.0; reduce pollutants by 35 to > 42 for 1.5 restoration (D) meanders and pool 760 lbs. P/year, 1521 lbs. miles of river and riffle sequences. N/year, 760 tons beyond restored sediment/year area
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Drainage Location Approximate Activities DO Imp. IPS Long Term Project Name TMDL Short Term Objectives Estimated basin/ (RM or and Project Project Ranking Objectives Schedule (Map 1 code) Imp. (1-2 years) Cost waterbody Other) Description (A2) (A1) (4-6 years) Southern West West Between Naturalize 1 mile of No 1 No Raise QHEI from 70-75 to Raise fIBI from 31- Complete $500,000.00 1Branch Physical Branch RM 0 and stream corridor; pool >77; reduce nutrients by 33 to > 42 2022 Enhancement RM 8 and riffle sequences 507 lbs. P/year, 1014 lbs. Project (G) (TBD) and bank N/year, 507 tons reconstruction sediment/year Fawell Dam West 8 Modify structure to No 1 -1 No Create fish passage for Raise fIBI from 17.5 Complete $687,500 Modification (E) Branch allow fish passage to target species to 27 for 2 miles 2018 the 24 miles of main upstream of project; stem river upstream. passage beyond 2 mile area Southern East East 6.5-8.5 Naturalize 2 miles of No 1-3 No Raise QHEI from 59-70 to Raise fIBI from 27- Complete $2,500,000.00 Branch Stream Branch stream corridor; >77. reduce nutrients by 35 to > 42; raise 2023 Enhancement construct pool and 1014 lbs. P/year, 2028 lbs. mIBI from 27-35 to > Project (F) riffle sequences, N/year, 1014 tons 42 cobble substrate and sediment/year meanders. Spring Brook West 0-2 Naturalize 1 mile of No 3 No Raise QHEI from 64 to 77; Raise fIBI from 21.5 Complete $1,000,000 Restoration (I) Branch stream corridor; pool reduce pollutants by 506.66 to 22 (post Fawell 2019 and Spring and riffle sequences lbs. P/year, 1014 lbs. >27); raise mIBI Brook and bank N/year, 5066.66 tons from 30.1 to >42 reconstruction sediment/year Physical Project $9,937,500.00 Total
1 Projects coded red are physical improvement projects, projects coded blue are will be funded by membership dues of individual members
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Drainage Location Approximate Activities DO Imp. IPS Long Term Project Name TMDL Short Term Objectives Estimated basin/ (RM or and Project Project Ranking Objectives Schedule (Map 1 code) Imp. (1-2 years) Cost waterbody Other) Description (A2) (A1) (4-6 years) Chloride Abatement All Program Education program for No Proximate Yes Decrease chloride Decrease average Ongoing $175,000.00 (A3) Area pre-wetting, anti-icing Stressor application rates; increase summer chloride Wide and equipment survey participation by 10 concentrations calibration (currently 33); surveyed communities average application rate < 500 lbs./lane mile (currently 3 are higher), 18 surveyed communities anti-ice (currently 12); 33 surveyed communities pre wet (currently 33), zero surveyed communities store exposed salt Basin and project All Program Rolling assessment of NA NA No Complete assessment for Assess project goals Ongoing $929,110.00 assessments Area physical, chemical and each basin attainment; Wide biological enhance characteristics. understanding of stressor-response relationships; use information to develop next round of projects Municipal level IPS All Program Design and No NA No Integrate IPS Complete $30,000.00 Implementation Area disseminate an IPS outputs into local 2017 Plan Wide report and summary projects and tailored to individual decision making communities.
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Drainage Location Approximate Activities DO Imp. IPS Long Term Project Name TMDL Short Term Objectives Estimated basin/ (RM or and Project Project Ranking Objectives Schedule (Map 1 code) Imp. (1-2 years) Cost waterbody Other) Description (A2) (A1) (4-6 years) PAH Abatement All Program Signed voluntary No Proximate No 75% of members Area wide ban on MOU goal $20,000.00 Area agreements to Stressor discontinue use of CT sale of CT sealants met by Wide discontinue use of coal sealants for public 2018 tar sealants by DRSCW operations members (MOU). Elgin O’Hare Salt Creek EOWA Create and manage No Proximate Yes Detailed tracking of Tier 1 Zero increase in 2019 $50,000.00 (EOWA) Chloride and West envelope offset program for Stressor agency use in place; ambient chloride Offset Program Branch chloride loading ambient monitoring system levels following increase created by in place; Tollway and winter operations in EOWA. municipal offsets identified EOWA envelope Develop 2nd set IPS All Program Identify projects for No N/A Yes N/A N/A List of $100,000.00 projects Area second round of projects Wide investments (causal available analysis and IPS 2019 allocation). Continuous DO All Program Collect hourly warm- Yes N/A Yes Add to dataset N/A Yearly $221,920.00 monitoring Area weather data for DO, collection Wide pH, Conductivity and temperature. QUAL 2K East East Relevant Update QUAL 2K Yes N/A Yes Identify next round of DO N/A 2023 $140,000 Branch and Salt Branch Basins model for East Branch improvement projects Creek and Salt Salt Creek. Creek
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Drainage Location Approximate Activities DO Imp. IPS Long Term Project Name TMDL Short Term Objectives Estimated basin/ (RM or and Project Project Ranking Objectives Schedule (Map 1 code) Imp. (1-2 years) Cost waterbody Other) Description (A2) (A1) (4-6 years) Point Source All Program Model of marginal No N/A Yes Evaluate feasibility and Lower marginal 2023 $200,000 Trading Feasibility Area costs of TP and TN for environmental impacts of costs of meeting P Study Wide each plant is developed trading concept reduction targets Nutrient All Program Identify phosphorus No N/A Yes Develop a schedule for Lower marginal 2023 $200,000 Implementation Area input reductions by point implementation of the costs of meeting P Plan Wide source discharges, non- phosphorus input reductions reduction targets point source discharges and other measures at PS and and other measures, and NPS. NPS Phosphorous All Program Evaluate leaf litter and No N/A No Complete $120,000 Feasibility Analysis Area street sweeping 2021 Wide programs. Grand total for all DRSCW $12,123,530.00
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Map 1. IPS Prioritization Of Projects And Reaches
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Financial and Reporting
DRSCW Agency members are public agencies holding an NPDES permit for a discharge from a publicly owned treatment works or from a municipal separate storm sewer system into the DRSCW watersheds. DRSCW Agency members currently fund the monitoring, assessment and administration activities of the Workgroup through annual dues. Agency members will contribute to project funding through a project assessment amount in addition to their inflation adjusted membership dues.
The project assessment would total $7,495,002 over the first five year permit cycle, and $8,243,829 over the subsequent five year permit cycle (where it would run for three years only). This amount would be combined with an approximate 40% match from local project sponsors calculated at approximately 40% of the assessment total making it $10,492,557 over the two permit cycles. In total the proposal (assessment and match) would create total priority project investment of approximately $12.5M in projects within the three DRSCW watersheds over the initial permit cycle, and a possible $26,231,388 total over the two permit cycles (10 years). The proposed funding level would start at $1.5M in the first year. This initial funding level allows DRSCW and its Agency members to work out the implementation of this new funding initiative and build local support for projects as the funding level increases through the fifth year of the program. The proposed special assessment funding, local matching funds and total project funding for each year are provided in Table 2. Table 2A contains the inflation adjusted membership dues for each year over the same time period.
TABLE 2. Member Special Assessment for First and Second Permit Cycle2 DRSCW Agency Total Amount of Year Member Project Local Matches from Annual Project Assessments Project Sponsors Funding FY 15-16 $900,000 $600,000 $1,500,000 FY 16-17 927,001 617,999 1,545,000 FY 17-18 1,516,529 1,011,021 2,527,550 FY 18-19 1,562,028 1,041,355 2,603,383 FY 19-20 2,589,444 1,726,296 4,315,740 Subtotal 7,495,002 4,996,671 12,491,673 FY 20-21 2,667,131 1,778,087 4,445,218 FY 21-22 2,747,142 1,831,428 4,578,570 FY 22-23 2,829,556 1,886,371 4,715,927 Subtotal 8,243,829 5,495,886 13,739,715 Totals $15,738,831 $10,492,557 $26,231,388
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Table 2A. Member Dues and Personnel Rates for First and Second Permit Cycle Permit Cycle Dates 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 Total Dues $403,180 $415,276 $427,742 $440,572 $453,779 $2,140,549 Dates 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 Total Dues $467,413 $481,425 $495,865 $510,737 $526,076 $2,481,516
Participating agencies will: continue funding the DRSCW monitoring, assessment, and administration activities at inflation adjusted current levels through the payment of annual DRSCW Agency member dues; fund project implementation at the level identified here through the payment of an annual DRSCW project assessment; implement agreed upon projects; and report project implementation progress and spending via an annual progress report submitted to Illinois EPA, the first of which will be submitted on March 31st of each year. The DRSCW memo entitled “Updates to Proposed NPDES Permit Special Condition Language and Recommended Agency Member Dues, Agency Member Assessments and Local Project Matches to Implement DRSCW Project Funding Plan”, dated February 16th, 2015, is provided in Appendix 6, and contains a detailed discussion of the proposed funding program as well as the proposed dues and assessments from Agency members for each year of the proposed ten year program.
It must be clearly understood that the estimated project funding total of $$26M contained in this Implementation Plan represents the preferred and targeted funding goal. It is based on 100% participation by all DRSCW Member agencies, which own a POTW discharging into DRSCW watersheds, in the payment of the project assessments each year. A DRSCW Agency member which elects not to participate in the DRSCW watershed implementation plan would not contribute to the proposed project funding but rather would negotiate directly with the Illinois EPA on appropriate limits in their NPDES permit. In addition, the estimated $26M project funding level is based on the contribution of local matches of 40% of the cost of each individual project from local project sponsors, above and beyond the project funding assessments paid by DRSCW Agency members. The proposed project assessments contained in this Implementation Plan are not subject to a reassessment process should participation by DRSCW Agency members which own a POTW be less than 100% or should local project matches not materialize at the 40% level. It is also anticipated that the estimated project funding level will vary from the annual estimates contained in this plan but that the appropriate funding target is total project funding over the ten year period and the DRSCW will commit to achieving that target.
The cost of this approach to local government entities is assessed at the level needed for successful implementation of the plan. Along with a high probability of moving towards the aquatic life thresholds, it creates an incentive for members to participate, allows local government to offset the risk of investing in an untried methodology by creating short term savings, encourages them to invest outside of their jurisdictions, and, if the program is successful, helps to validate its efficacy. The selection of projects to be funded will start with the projects prioritized by the IPS tool and then proceed to reflect other factors such as readiness to proceed, project sponsors willing to provide local match, etc. as deemed appropriate during the consensus building process of project selection at the DRSCW.
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Appendix 1. Monitoring,
Monitoring data and analysis is essential to provide a sound scientific basis to identify impaired waters, diagnose causes of impairment, and conduct adaptive management implementation. Between 2006 and 2012, DRSCW collected physical measures and biological and chemical samples from a total of 118 sampling locations including six reference sites (biological and physical). Continuous dissolved oxygen (DO) data was collected at a further 14 sites. The information gathered during these surveys represents a baseline of existing conditions, documents environmental impacts to the reaches from point source discharges and nonpoint source pollution, and serves as a guide for management decisions. The sampling design employed by DRSCW is a combination of systematic and target-intensive site selection. Sample sites were selected by systematically moving upstream in a watershed at a fixed interval of one- half the drainage area of the preceding site. This resulted in seven levels of drainage area, starting from 150mi2, through drainage sizes of 75, 38, 19, 9, 5 and finally 2 mi2. Each level was then supplemented with targeted sites around points of particular interest such as POTW outfalls, sanitary sewer overflows (SSOs), major stormwater sources, and dams. Data collected at each site includes fish and macroinvertebrate assemblages (IBIs), habitat assessment (QHEI), water column chemistry (nutrients, metals, oxygen demand and organics), and sediment (metals and organics). Data is collected from late spring through early fall in one basin each year. Thus, there will normally be a three-year cycle for each basin. A map of the sample sites in each basin, including continuous DO sites, is provided in Map 2. The list of water column parameters is supplied in Table 3. Information on the DRSCW’s continuous DO monitoring activities is given in Appendix 3.
The monitoring will continue annually under the agreement. Reports will be available by November the year following the survey.
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Map 2. DRSCW Monitoring Sites
Table 3
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Biological and Water Quality Assessment DuPage River and Salt Creek Watersheds
Water and Sediment Chemistry Analysis Parameters
Demand Parameters Organics – Water 5 Day BOD PCBS Chloride Pesticides Conductivity Semivolatile Organics Dissolved Oxygen (continuous and grab) Volatile Organics pH Temperature Sediment Metals Total Dissolved Solids Arsenic Total Suspended Solids Barium Cadmium Nutrients Chromium Ammonia Copper Nitrogen/Nitrate Iron Nitrogen – Total Kjeldahl Lead Phosphorus, Total Manganese Nickel Metals Potassium Cadmium Silver Calcium Zinc Copper Iron Sediment Organics Lead Organochlorine Pesticides Magnesium PCBS Zinc Percent Moisture Semivolatile Organics Volatile Organic Compounds
Specific objectives of this activity are to:
Complete a comprehensive assessment of biological assemblages (fish and macroinvertebrates), habitat and ambient conditions within the targeted watersheds. Establish a baseline to compare to future conditions in response to management activities. Determine the role of potential stressors at a local reach scale.
DRSCW has completed two assessments for each basin and a third for the West Branch DuPage River was carried out in 2012. Figure 1 shows West Branch DuPage River fIBI scores from 1983 (collected by the Forest Preserve District of DuPage County), 2006, and 2009.
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Figure 1 – fIBI scores for the West Branch DuPage River 1983, 2006, 2009. Arrows represent point source inputs from POTWs
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Appendix 2. Identification and Prioritization System (IPS)
Active adaptive management calls for a mechanism to integrate baseline data and trend information into management and implementation decisions on an on-going basis. With a solid understanding of the stressors responsible for impairment, based on the analysis of biological responses, DRSCW has developed and maintains a mechanism to select implementation projects that:
Address the most limiting stressors at a reach level Prioritize reaches for intervention Establish restoration endpoints Provide a level of confidence in the likelihood of success Have measurable outcomes
DRSCW uses a number of statistical techniques to look at correlations between observed aquatic communities as measured by IBI and 41 possible stressors. Possible stressors include landscape scale stressors (such as road density and basin size), ambient chemistry (such as chloride and phosphorous concentrations) and physical (using sub components of the QHEI such as measures of buffer width and stream sinuosity). The methods used are based on the EPA’s Causal Analysis/Diagnosis Decision Information System (CADDIS) methodology and include cluster analysis, non-metric Multidimensional Scaling and Classification and Regression Trees.
Table 4 lists the nine stressors identified by statistical analysis that best correlate with IBI values in current monitoring data. Quantile Regression is then used to examine the relationship between the individual stressor and the fIBI and mIBI scores. Figure 2 shows a quantile regression between mIBI scores and riparian scores from the QHEI. Such analysis supplies both thresholds for the stressor response in aquatic communities and information for project planners to design restoration projects. To the list can be added physical fragmentation (dams) and Polycyclic Aromatic Hydrocarbons (PAHs). Neither is used in the statistical methodology for methodological reasons but both have explanatory power in IBI variation, the former in longitudinal IBI plots (Figure 1) and the latter is ubiquitous in sediment samples.
Table 4. Proximate stressors identified in the stressor analysis
Riparian score Riffle score Channel score Substrate score Pool score Chloride TKN
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BOD NH3N 80
WB17 70
60 WB37
SC54 WB34 WB35 WB16 50 EB33 WB39 SC49 WB40 WB36 EB32 SC41 WB06 WB01 SC34 SC42 SC40SC52 SC57 WB12 SC23 SC15 EB34 WB41 40 WB19 WB18SC38 SC39 SC27 SC37 EB12 WB28 WB20 SC51 SC17 WB03 WB27 WB22 EB23 MIBI EB06 SC35 EB31 WB02 WB05 WB32 SC11 EB11 EB30 WB21 30 SC43 WB15 SC14 WB23 WB25WB31 WB30 EB19 EB07SC30 EB17 SC45 EB26 SC02WB14 SC03 EB15 EB21 SC20 WB07 EB13 SC46 SC04 SC08 WB29 SC55 20 SC07 EB29 WB24 EB14 EB08 SC01 EB25EB24 SC47 SC56EB36 SC33 SC29 SC16 SC53 SC32 SC12 SC05 WB04 EB10SC18 SC26SC48 SC28 WB11 EB22 10 SC22 SC06 SC24
0 1 2 3 4 5 6 7 8 9 10 11
RIPARIAN Figure 2 – Quantile regression between the QHEI buffer score and mIBI scores for the DRSCW program area. The blue line represents the best fit line.
Stream segments are then graded according to their estimated “restorability”. To accomplish this, a composite score based on three factors is created:
Site score improves if it has proximity to open space (based on GIS analysis of aerial images and land use coverage). Criteria are selected to ensure that sufficient physical space exists in the riparian corridor to allow physical enhancement projects. Site score decreases as the number of proximate stressors identified at the site increases (based on the analysis outlined above). Having a low number of proximate stressors is assumed to mean that restoring biological integrity to the site would be less complex than at a site with a large number of proximate stressors. Site score decreases as mean deviation from the biological threshold for the IBI rankings (thresholds set by Illinois EPA). This criterion is based on the assumption that segments close to compliance would be easier to steer to full compliance than sites with poor assemblages.
The grading exercise allows projects to be ranked on a nominal scale of 1-6 in descending order of restorability, and also generates a list of actions to undertake at the priority sites such as buffer creation, chloride abatement or re-meandering. The model is verified by evaluating
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priority sites with field visits from stream restoration and water quality specialists. Once a site is chosen, projects can be designed based on the data supplied by the tool (targeted on reducing proximate stressors, designed by quantile regression) and by accessing the field data for the site (QHEI subset scores and species data). For example, at sites WB 41 and WB 36 (see RM 8-9 on Figure 1), the proximate stressors are habitat (lack of riffles and a silt mud substrate) and ammonia–nitrogen. Dam modification is suggested, which would allow the river system to correct a number of the stressors (impoundment leading to degradation of in-stream habitat). As Figure 1 shows, dam modification would also allow fish to move upstream, thereby raising IBI scores north of the site. Indeed fish passage is the primary reason that fIBI scores fall so precipitously in that section of river and never recover. The latter note comes from viewing the data spatially and weighting the IPS output. The IPS tool suggests some obvious restoration projects, such as this one, that can be implemented rather quickly and have the highest expectations for restoring biological assemblages. Preliminary priority projects selected by the IPS tool are summarized in Table 1.
DRSCW used 42 stressors in its causal analysis. The list includes land cover stressors (industrial area, road density), water chemistry (chlorides, TSS, a full suite of nutrients including total phosphorus, etc.) and habitat (buffer width, channel sinuosity and similar habitat scoring metrics). The stressors used in the analysis do not directly list physical barriers to fish movement, such as dams or other control structures, although metrics affected by such structures, such as poor habitat or sediment conditions that exist due to the presence of impounded water upstream of a dam, are included. The statistical tool identified certain parameters from a suite of nutrients as stressors with an identifiable correlation to stream biological health. The tool examines relationships between the independent variables and goes further and looks at relationships with the species and taxa from which IBIs are constructed. Ammonia-N and TKN showed significant correlation.
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Phosphorus Reductions
Both total phosphorus and the computed nitrogen to phosphorus ratio were evaluated as potential stressors, but a sufficiently strong correlation was not identified between phosphorus and the dependent variables (biological data) to include it in the prioritized list of proximate stressors. This is not an uncommon observation in urbanized watersheds where non-chemical and other chemical stressors exert much stronger effects on the biota. There may also be some covariance with another parameter, such as TKN, serving as a proxy for effects contributed by phosphorus. Phosphorus could manifest as a relevant stressor in the future after more significant stressor effects that may be masking the adverse effects of phosphorus are corrected. In lieu of the application of any new phosphorus limits in the current cycle of NPDES permits, this plan includes the following activities:
Specific Point-Source Actions Surrounding Phosphorus
All POTWs will, at their own expense without financial assistance from the workgroup:
Monitor phosphorus (total) and nitrogen (total) at all POTWs starting in 2015.
At minimum samples will be taken in influent and effluent as a single grab monthly Data will be reported as part of their DMR report and to the DRSCW
Evaluate the following measures as part of the phosphorus control feasibility study required in their NPDES permit:
Modify secondary treatment process sequence with available equipment to reduce effluent phosphorus levels without adversely impacting treatment performance. Identify and reduce sources of phosphorus from generators discharging readily controllable quantities of phosphorus into the tributary collection system, and if applicable, develop and implement appropriate pre-treatment rules.
Collaborate to gather preliminary data necessary for evaluating and comparing phosphorus reduction costs at each POTW in the program area.
The DRSCW will use its resources to explore and develop potential trading models for achieving targeted watershed scale reductions in nutrient loading.
Selected POTWs or the DRSCW will pursue innovative and alternative phosphorus control strategies:
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Investigate waste chemical clearing-house resources to identify and utilize renewable sources of chemicals that can be used to safely reduce effluent phosphorus in a sustainable manner. Evaluate and implement, where practical, nutrient recovery technology to cost- effectively sequester phosphorus from side streams to make marketable fertilizer products. Phosphorus removal that is incidental to other pollutant control processes.
Specific Nonpoint-Source Actions Surrounding Phosphorus
The DRSCW will review and report to Illinois EPA inside the time frame set out below on the following NPS actions:
Enhanced street sweeping basin wide - review member current municipal street sweeping schedule and optimize by system (adoption of high efficiency regenerative air systems), time (concentration of effort in spring and fall) and location (by land use and traffic volume). Enhancement plan including projected nutrient loading abatement and cost estimation ready by 2018. All members will review, using in-kind resources, good housekeeping measures and contracts and consider inclusion of specific requirements to prevent cut vegetation from being deposited on impervious surfaces. Enhancement plan prepared by DRSCW with workgroup resources including projected nutrient loading abatement and cost estimation ready by end of 2018. Leaf litter management. DRSCW will follow the study being undertaken in Madison, Wisconsin about efficiency of leaf collection programs. If the program is cost effective, then DRSCW will use its resources to prepare an implementation plan in place one year after the study is published (approximately 2018). Review of member policies will be available by 2016. Member agencies are expected to provide in-kind services to assist with plan preparation. Use workgroup resources to conduct targeted public education on best management practices that reduce phosphorus loading within the watersheds (pilot test on one sub watershed). DRSCW will use its resources to review the interest in organizing a phosphorus reduction workshop modeled on its successful chloride reduction workshops to be aimed at municipalities, landowners and contractors. If market research showed that such a workshop would have an audience and was likely to have measurable impacts, then it would commence in the fall of 2015 using workgroup resources.
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Appendix 3. TMDL Implementation: Dissolved Oxygen
Project Background
In 2004, the Illinois EPA completed Dissolved Oxygen (DO) TMDL studies for several main stem reaches of Salt Creek and East Branch DuPage River. In order to achieve the Illinois DO standards, the TMDLs recommended concentration limits on CBOD5 and ammonia-nitrogen on area POTWs based on outputs from QUAL2E models developed for each waterway. The TMDL studies noted that POTW load reductions for oxygen demanding pollutants might be reduced if dam removal was implemented and that this could be further evaluated. Reactions to the TMDLs were unfavorable. POTW operators pointed to the large costs associated with reducing wastewater loadings; the Illinois Association of Wastewater Agencies (IAWA) estimated compliance costs at $48 M dollars for Salt Creek alone, and had reservations about the accuracy of the modeling outputs. IAWA noted that the models utilized design average flow (DAF) as opposed to actual flows, NPDES loadings as opposed to actual discharge loadings, data used were over seven-years old, and that the models had not been validated. All stakeholders, including the reports’ authors, were skeptical that the reductions would improve aquatic biology, noting, “DMR data for POTWs show that average summer values for CBOD5 and ammonia are below the proposed limits…..thus it may be that these limits can be met with little or no additional treatment.”(CH2M Hill 2004) While this statement admitted that the TMDLs conclusions were in error, it did not account for the erasing of the margins of safety needed by POTWs to operate under their permit levels which would now require waste water infrastructure investments to maintain. Environmental advocacy groups and the regulated community both questioned the accuracy of the models because they were not based on actual performance data and were not calibrated against ambient data.
In 2005, the Illinois EPA came to an agreement with the DRSCW to delay implementation of the TMDL recommendations while the DRSCW developed a plan to address DO. Stakeholders immediately set about rebuilding the DO models. This first project, “Stream Dissolved Oxygen Feasibility Project” set the following objectives:
Identify the principle low flow DO sags in both waterways; Evaluate the impacts of decreasing oxygen demanding loadings from POTWs on the low flow ambient DO concentrations; Evaluate the impacts of five existing dams on DO and where significant, identify alternatives for specific dam sites, Identify criteria and sites where stream aeration could be used to improve DO levels during low flow conditions; and Determine financial impacts, including project capital costs, operation and maintenance needs, and costs associated with stream improvement projects (life cycle costs).
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Model Selection
The DRSCW used QUAL2K to model the DO impairments. The QUAL2K model is capable of diurnally varying headwater/meteorological input data and includes a full sediment diagnosis model to compute sediment oxygen demand (SOD) and nutrient fluxes from the bottom sediment to the water column.
Input data from the QUAL2Emodel was used and the results of the TMDL model were reproduced prior to utilizing the new model’s more refined functions. Geographical data for river miles and impoundment geometry was also refined.
Data Collection
A major criticism of the original DO model was its lack of quantitative data. While data were available on stream flow, wastewater flow, and effluent quality, very limited data existed on stream quality. Gathering such information became an immediate priority.
In the spring of 2006, the DRSCW set up a system of “continuous” DO monitoring stations. The stations collected information on DO, water temperature, conductivity, and pH at hourly intervals from May through September at six sites on Salt Creek and five on East Branch DuPage River (three additional sites on the West Branch not part of this modeling effort, were also deployed). Data on SOD were also collected at 16 sites.
All wastewater treatment facilities in the basins cooperated in the re-modeling exercise and supplied discharge monitoring data including daily values for flow, CBOD5, ammonia-nitrogen, total suspended solids (TSS) and pH to the modeling team. The DRSCW collected field coordinates for all the POTW outfalls in the two basins to ensure accurate spatial placement of the data. Additional data on river flow was collected from USGS records.
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Calibrating the Model
Two calibration runs were completed for East Branch DuPage River and three were completed for Salt Creek. In the runs, model outputs were plotted against the continuous DO measurements taken during field sampling for the same date and the model was revised based on the results. Finally, model runs were conducted with the revised model, one for East Branch for the period June 19 – June 21, 2006 (shown here as Figure 3) which shows the computed DO against the ambient DO concentration observed for the same period. Computed DO is represented by the red and black lines and observed DO as green filled or red hollow squares. The diurnal range of the modeled DO is represented in both figures with the minimum and maximum DO values being shown. The green triangles shown along the top of Figure 3 represent the locations of POTWs discharging to the East Branch DuPage River. The relative size of each triangle is representative of the quantity of discharge supplied by the plant (they are shown as locations only in the other figures).
The calibrated and validated model was then used to predict ambient conditions under seven- day, ten-year low flow (7Q10) warm weather conditions using historical data sets compiled by the Metropolitan Water Reclamation District of Greater Chicago (which showed an ambient stream temperature of 30 deg C, several degrees higher than temperatures recorded during the validation/calibration periods) and warm weather flow and loadings from area POTWs. This model run was intended to reflect worst-case conditions. The baseline output for East Branch showed the principal DO sags were upstream of the Churchill Woods Dam on the East Branch DuPage River and upstream of the Fullersburg Woods Dam on Salt Creek.
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Modeling Alternatives
The DRSCW was ready to use the baseline model run to project the impacts on ambient DO concentrations of various remediation efforts. The following alternatives were explored:
Lower POTW loadings to zero while maintaining flow (a strictly theoretical exercise); Full removal of the Churchill Woods dam; Full removal of the Fullersburg Woods dam; Partial breach of the Fullersburg Woods dam; Lower the crest of the Fullersburg Woods dam by increments; and In-stream aeration with air or high-purity oxygen in the dam impoundments.
The “zero loading” model run for the East Branch DuPage River showed that the DO impairment would still exist at the site, even without any pollutant loading from the POTWs (see figure 5). Given that this POTW alternative was projected to cost more than $6 million, the preferred action at the Churchill Woods location became full dam removal (cost of $1.5 million).
DO concentrations at the site would approach compliance following full removal. The dam removal modeled output is shown in Figure 4. The project was complicated by the presence of culverts immediately downstream of the dam that set the stream floor elevation higher than that used in the dam removal model. The project was carried out in March 2011 and fish surveys conducted three months later found two additional species of fish not previously
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present had moved into the area of and upstream of the dam. The McDowell Grove and Warrenville Dams on the West Branch DuPage River have also been removed. The West Branch DO TMDL, currently under development, was triggered by excursions below the State DO standard in these impoundments. Monitoring at the sites will continue to confirm whether the project DO goals are achieved and if additional work is necessary.
Project Proposal
DRSCW is proposing to design and implement the following projects as implementation of the TMDL. Details on the projects are supplied in Table 1. Monitoring and assessment under this initiative are integrated into the data gathering and analysis set out in Appendices 1 and 2 and the key recommendation of modifying the Fullersburg Woods dam is a priority on both the DRSCW TMDL and IPS project list: Modification of the Fullersburg Woods dam to eliminate the impoundment (Salt Creek Basin river mile 10.5). Full removal of the Oak Meadows dam (Salt Creek Basin river mile 23.5) and construct in-stream riffles.
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Monitor and document the impacts from the McDowell Grove, Warrenville and Churchill Woods dam removals/modifications and accompanying riffles on DO. Maintain the Continuous DO monitoring program but investigate adding chlorophyll a. Assist Illinois EPA in completing the DO modeling for the West Branch DuPage River.
The DRSCW will use its resources to conduct the following:
Continuous DO and pH monitoring on all three waterways at present or expanded locations (currently at 15 sites). This effort includes in-kind services from Agency members for monitoring station installation, operation and maintenance. Review the QUAL 2K model for East Branch DuPage River following Churchill Woods dam modification, data accumulation, weather and other potential projects (Hidden Lake and Route 53). Modify the Fullersburg Woods dam and remove the Oak Meadows dam on Salt Creek to remove impoundments and abate related stressors, including dissolved oxygen. This effort is expected to leverage matching funds from local agencies, and could also include outside state or federal funding if available. Review the QUAL 2K model for Salt Creek post dam modification(s) based on data accumulation and weather. Assist Illinois EPA to complete analysis and conclusions of the West Branch QUAL 2K model (Illinois EPA TMDL output) and update to account for removal of the Warrenville Grove and McDowell Grove dams. At least five miles of program area river bank have been stabilized in the last three years (equating to approximately 1,000 lbs of phosphorous removed each year). Priority projects for the area include stabilizing approximately 17.5 additional miles of program area river bank (equating to approximately 3,538 lbs of phosphorus removed per year). Stream bank stabilization efforts can leverage local or other matching funding. Improve in-stream DO, by building pool and riffle sequences and increasing shading. The three dam modification projects completed for the area to-date have all included one or both of these additional actions. Pool and riffle construction can leverage local or other matching funding.
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Appendix 4. TMDL Implementation: Chloride
Background
In October 2004, the United States Environmental Protection Agency (USEPA) approved chloride TMDLs for Salt Creek and the East and West Branches of the DuPage River. The TMDLs called for reductions in chloride loading, specifically from winter road salt application. The TMDLs for these watersheds were specifically derived to achieve compliance with the general use chloride water quality standard (WQS) of 500 mg/L adopted in 1972 by the Illinois Pollution Control Board (IPCB). The TMDL reports concluded that “[the] primary contributor to the [chloride WQS] exceedences is application of road salt for snow and ice control purposes. However, due to the sporadic nature of deicing activities, on a yearly basis the chloride mass contributed to the West Branch DuPage River watershed is larger from point sources than nonpoint sources.” (IEPA, 2004, West Branch TMDL) The conclusions regarding Salt Creek and the East Branch are the same. In the West Branch watershed, a 35% reduction for chloride applied in deicing operations is specified, in the East Branch watershed a 33% reduction is specified, and a 14% reduction is specified in the Salt Creek watershed (IEPA, 2004, East and West Branch TMDLs). To initiate TMDL implementation, the DRSCW initiated a Chloride Usage Education and Reduction Program Study in 2006. The study findings and recommendations were used to develop the TMDL implementation program described further in this section. Through this program, the DRSCW hopes to catalyze changes in deicing practices and reduce salt application while maintaining public safety.
Data Gathering and Analysis
A local deicing program base line was set in 2007 by sending a questionnaire to about 80 deicing agencies, 39 of whom responded (representing approximately 69% of the total watershed area). These agencies reported a total annual salt use of 126,000 tons. Survey responses indicated a total of 8,369 lane miles of road serviced by deicing programs throughout the watershed. Out of the villages interviewed, only two required that private snow plowing businesses have licenses. In those municipalities the permits were required for the office locations only, and did not regulate how deicing practices are performed. Additionally, eight of approximately 130 private snow removal companies in the watershed area were contacted. Private contractors tend to serve commercial, industrial and residential customers, clearing parking lots and private drives rather than roads. Each company’s typical annual salt use ranges from 7.5 to 500 tons per winter.
The total amount of chloride applied to the watersheds annually, in the form of road salt, was estimated from the questionnaire responses. The estimated load includes salt from municipalities, townships, the Illinois State Toll Highway Authority, and county transportation departments. Private snow removal companies and the Illinois Department of Transportation
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are not accounted for. Table 6 provides the estimated TMDL and DRSCW baselines per watershed and the TMDL target loading.
Salt Creek East Branch West Branch Total
TMDL Target, 13,300 5,200 13,700 32,200 Tons of Cl-/yr
TMDL Baseline, 15,500 7,800 21,100 44,400 Tons of Cl-/yr
DRSCW Baseline, 32,600 16,900 21,200 70,700 Tons of Cl-/yr
Table 6. Estimated Current Chloride Loading from Road Salt in the Study Area, Compared with TMDL Road Salt Chloride Allocations. Table is for tons of chloride and does not include private snow removal companies or the Illinois Department of Transportation
Program Design and Implementation
The DRSCW carried out a literature review to identify the best management practices to reduce chloride loadings from winter deicing operations. The following target areas were identified:
Improved Storage and Handling Practices Application Practices for Salt (level of service, staff training and record keeping, calibration of equipment, environmental monitoring) Chemical Methods – (the definitions used by Environment Canada (2003)): “Anti-icing is the application of a deicer to the roadway before a frost or snowfall to prevent melted snow and ice from forming a bond with the road surface.” “Pre-wetting is the addition of a liquid to solid deicers or abrasives before application to quicken melting and improve material adherence to the road surface.”
In order to improve the adoption of these best management practices, the DRSCW organized, training, technical materials and technical workshops targeting the following core areas:
Highways staff education of NPDES goals, the impacts of chlorides on waterways, staff training on calibration of equipment, and improved salt storage and handling practices Watershed-wide implementation of prewetting and anti-icing programs
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Consideration of alternative non-chloride products, such as acetate deicers and beet and corn derivatives
Plate 1. Flyer for the 2011 Public Roads Chloride Reduction Workshop]
As of 2012, the DRSCW has conducted eight chloride reduction workshops throughout the program area. Four of these workshops have been aimed at public roads (largely the public sector) and three have been aimed at parking lots and sidewalks (largely the private sector). Over 400 participants have attended the public roads workshops, and over 100 attended the parking lots and sidewalks workshops. In a 2010 program survey, 14 agencies confirmed that they had made improvements to their program based on local deicing program workshops. The following is a list of changes reported by agencies due to information gathered at deicing workshops:
Cutting back salt usage by: re-calibrating salt spreaders, applying less salt per lane mile, and not salting until snow plowing has been completed; Obtaining and implementing new equipment for pre-wetting and anti-icing practices; Spreading salt in a narrow band down the center of two-lane streets to reduce scatter; and Using beet juice as an alternative deicing agent.
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A noteworthy finding from the survey is that the private sector (e.g., contractors that provide deicing services at hotels, schools, stores), and who had been initially assumed to have minimal impact, actually apply significant amounts of salt and contribute significantly to chloride loadings. Addressing these activities will likely require different approaches and different implementation tools. For example, DRSCW is looking at the possibility of having member municipalities adopt licensing programs or ordinances governing operations to require private companies to implement the identified BMPs, especially for storage.
Salt Application Rates and Trends
Figure 6 – Use of Deicing and Snow Removal Agents 2007 & 2010]
Many of the questions in the surveys focused on the use of alternative deicing agents, methods, and practices such as pre-wetting and anti-icing. Figure 6 illustrates the percentage of respondents that use various deicing agents as reported in the 2007 and 2010 questionnaires. Figure 6 shows an increase in the amount of agencies using pre-wetted salt (NaCl) and beet juice and a corresponding decrease in the use of dry NaCl, liquid CaCl2, KA, abrasives, and liquid MgCl2. Information provided in 2007 indicated that 14 agencies reported the use of anti-icing practices, while in 2010, 20 agencies reported using anti-icing practices. This has resulted in an approximate 25 percent increase in the implementation of anti-icing practices. Figure 7 shows salt application rates over the past three winter seasons provided by DuPage County DOT.
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Figure 7 – DuPage County DOT Salt Application Data, 2007-2010]
Figure 7 shows that DuPage County DOT has reduced their salt usage per inch of snow consistently over each of the last three winter seasons. Salt used per call out (the number of times trucks were called out to perform deicing operations) and salt used per snow event has varied by season and weather events, as would be expected.
Snowfall in DuPage County during the 2007-08, 2008-09, and 2009-10 winter seasons was above average for the region and greater than the snowfall experienced during the 2006-07 winter season when the original survey was distributed. As would be expected, the total amount of salt used in the winter seasons was higher during seasons with more snow and less in seasons with less snow. It is important to normalize the results between winter seasons based on the severity of the winter season.
The 2010 survey asked respondents about their average salt application rate per lane mile. This information allows for more accurate tracking of a community’s salt usage as it is less weather dependent than a total salt used per year. Based on data from responses to the 2010 survey, Figure 8 shows the average annual salt usage in lbs/lane mile for each watershed in the study area. Figure 9 shows the same information by placing the respondents into ranges of application rates.
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Figure 8 – Average Salt Application Rates Reported in 2010]
Figure 9 – Application rate ranges for surveyed municipal members]
Survey Conclusions
The purpose of the 2010 survey was to gather follow-up information to determine if alternative deicing practices are being implemented in the DuPage River and Salt Creek watersheds and any resulting effects on salt application rates. While not directly comparable, survey responses indicate that the use of alternative deicing practices has increased since 2007, and select agency data indicates a general reduction in salt application rates between 2007 and 2010. Improvements in deicing practices and lower application rates are the result of an increase in the price of road salt and improved education and information provided by local deicing program workshops.
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In order to perform a more definitive trend analysis of program improvements and reductions in salt usage, additional information will need to be collected over time. Information should be collected for several more years to continue to characterize deicing program improvements and resulting reductions in salt usage occurring within the DRSCW watersheds, and indicate water quality improvements.
Project Proposal: Chlorides
Details on the projects provided below are supplied in Table 1. Monitoring and assessment under this initiative are integrated into the data gathering and analysis set out in Appendices 1 and 2. Chloride is one of the proximate stressors identified by the stressor ID methodology described in Appendix 1. DRSCW will continue with this program by executing a minimum of two workshops per year to meet the following 5-year bench marks (based on the current municipal survey group of 33 agencies):
Increase agencies participating in survey to 43 (currently 33) Move all agencies application rate to < 500 lbs/lm (currently 3 higher than that) Increase number of agencies anti-icing to 18 communities (currently 12) Increase number of agencies pre-wetting (currently 33, new additions will come from new participants) Reduce number of agencies storing exposed salt to 0 (currently 11) Carry out full review of current calibration practices and improve it by 50% Train 30 private companies and 10 parks departments to carry out regular calibration on equipment
Elgin O’Hare Western Access Project Offset Program
The DRSCW will work collaboratively with the Illinois Tollway (the Tollway) to identify opportunities and implement measures that help reduce and offset additional chloride loading created by the Elgin O’Hare Western Access Project (EOWA) within the DRSCW’s program area. It is estimated that the project will introduce approximately 1500 tons of sodium chloride into the DRSCW program area annually. The Tollway and the DRSCW will cooperate to calculate additional loadings based on agreed upon assumptions about winter storm frequency and severity.
The Offset Program will establish a framework to offset increased loadings by a ratio of 1 ton incremental increase to 1.25 offset. The offset will be realized by “Tier 1” communities, local government entities that are immediately upstream or bridging the project corridor, and the Tollway.
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The Tollway will identify operational efficiencies that will result in reduced application rates. The DRSCW will review the winter operations of the Tier 1 communities for efficiencies in the following areas:
1) Driver training 2) Salt spreader calibration 3) Develop appropriate application rates 4) Pre-wet de-icer 5) Equipment updates Speed servo controls On-board pre-wet Computer controls Storage & Handling 6) Coordinate salt application during plowing 7) Control salt spread width 8) Prioritize road system 9) Anti-Ice
The Tollway will provide funding for Tier 1 communities to implement identified efficiencies to reduce their chloride loadings. The aggregate of the two reductions (Tollway + Tier 1 communities) will be greater than the calculated marginal increase in chloride loading created by the Elgin O’Hare Western Access Project.
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Appendix 5 Polycyclic Aromatic Hydrocarbons
Early workgroup monitoring found polycyclic aromatic hydrocarbons (PAHs) in stream sediment throughout the watershed. PAHs are a known stressor impacting stream health. Recent research shows that a significant source of PAHs is the use of coal tar based sealants (RT-12). The DRSCW will educate its members on coal tar based sealants (RT-12) as a source of PAHs. The DRSCW has produced a draft Memorandum of Understanding (MOU) for members to sign. The MOU commits the Public Works Department of the signing entity to discontinue the use of coal tar based sealants (RT-12). 75% of the DRSCW agency members will execute the MOU. Copies of the executed MOUs will be transmitted to IEPA before the expiration date of the pending NPDES permits.
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Appendix 6
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Packet Page #72 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19, 2020 Subject: Hyperconverged Cluster Maintenance Renewal Staff Contact: Nick Kace, Director of IT Department: Administration / Police
TITLE: Approval of the purchase of Hyperconverged Cluster Maintenance/Support Renewal in an Amount Not to Exceed $29,448.87
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 7/0
Below you will find 3 competitive quotes received along with the lowest cost option selected:
Heartland Business Systems -$29,448.87 CDWG - $33,615.00 Scale Computing - $36,885.86
RECOMMENDATION: Approve the purchase of a 3 year support renewal for 4 of the City’s Nodes in its Hyperconverged Server Infrastructure in the amount of $29,448.87 BACKGROUND: The City replaced nearly all of its servers with a Hyperconverged Cluster of Nodes which allows it to run all of its servers in a virtual environment. The maintenance renewal for the cluster provides equipment protection and support for any issues and/or failures the devices or software may experience. While these devices are not at the end
Packet Page #73 of their lifespan, failures do occasionally occur. In one instance two years ago, a node experienced a drive issue, to which the vendor proactively notified the City that an issue occurred and overnighted the replacement drive out immediately.
ANALYSIS:
This is a budgeted item in this fiscal year’s IT Software Licensing & Maintenance Agreements account, however, only one year is budgeted for. They City could save almost $3,000 if we extend the support agreement to 3 years. If the council chooses not to renew the agreement, the cluster will no longer be supported by the vendor, and if any problems are experienced, it will be up to the City to pay for support and replacement equipment on an as needed basis. This will also significantly lower the response and resolution times of the vendor, and they will no longer automatically monitor our cluster for failures, which has proven valuable in the past. It is important to note that nearly all of the City’s servers reside on this cluster.
DOCUMENTS ATTACHED HBS Scale Renewal
Packet Page #74 Scale Computing Renewal Options Quote #232885 v4
Prepared For: Prepared By: Date Issued: City of Wood Dale Chicago Illinois Office 11.13.2020 Nick Kace Mike Carroll 404 N. Wood Dale Road 5400 Patton Drive Suite 4B Expires: Wood Dale, IL 60191 Lisle, IL 60532 12.21.2020
P: (630) 787-3710 P: 608-444-7994 E: [email protected] E: [email protected]
3 Year Renewal Price Qty Ext. Price QCARERY2 SUP-3 YR RENEWAL- HW&SW SVCS - 1 Node $5,585.23 1 $5,585.23 Coverage dates: 1/2/2021 to 1/1/2024 QCARERY4 SUP-3 YR RENEWAL- HW&SW SVCS - 3 Node $23,863.64 1 $23,863.64 Coverage dates: 1/15/2021 to 1/14/2024 Serial Numbers Covered:
004-180109-005247 004-180109-005248 004-180109-005249 004-191217-008761 Subtotal $29,448.87
Quote Summary Amount 3 Year Renewal $29,448.87 Total: $29,448.87
This quote may not include applicable sales tax, shipping, handling and/or delivery charges. Final applicable sales tax, shipping, handling and/or delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 15% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns are accepted by HBS without prior written approval. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2018.v2.0 or later, or the parties have executed a current master services agreement, the signed agreement shall supersede the version on the website. QT.2020.v1.0
Acceptance Chicago Illinois Office City of Wood Dale
Mike Carroll Signature / Name Signature / Name Initials 11/13/2020 Date Date
Packet Page #75 Quote #232885 v4 Page: 1 of 3 HTG Standard Terms & Conditions
STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., (“Heartland” or “Seller”),with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (“Buyer”) who purchases products and/or services from Heartland.
1. ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland. 2. PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of HBSFLEX Agreement invoices. HBSFLEX Agreement invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3. FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4. SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5. WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6. PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this Agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid HBSFLEX Agreement purchased by the Buyer, at the rates set forth in the most current version of the HBSFLEX Volume Service Schedule, as updated from time to time, or may be billed out to the Buyer at the then-prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a HBSFLEX Agreement or billed out at an hourly rate, all terms of this Agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. HBSFLEX Agreements may not be used to purchase products, and each HBSFLEX Agreement shall automatically expire eighteen months after the date of invoice for that HBSFLEX Agreement. 1. Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, whichever applies. 2. HBSFLEX Agreements. Buyer may choose to purchase a pre-paid HBSFLEX Agreement from Seller. When a HBSFLEX Agreement is purchased, labor and travel charges incurred will be applied against the HBSFLEX Agreement. Buyer will receive informational invoices detailing the services as they are provided. 1. When a pre-paid HBSFLEX Agreement is exhausted an additional HBSFLEX Agreement may be purchased. If an additional HBSFLEX Agreement is not purchased, then services will be billed out at the then-prevailing hourly rate. 2. Either party may terminate a pre-paid HBSFLEX Agreement by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this Agreement is terminated before the HBSFLEX Agreement is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 3. Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a HBSFLEX Agreement then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. 7. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8. FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9. ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10. EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11. BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this Agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12. BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13. BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14. NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or Packet Page #76 Quote #232885 v4 Page: 2 of 3 indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that Heartland may bring an action for injunctive relief and/or actual damages to enforce this provision. 15. SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16. EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17. ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. All data and intellectual property provided by Seller in connection with this Agreement shall belong to Seller (“Heartland Materials”). Seller shall retain all rights and interests in and to the Heartland Materials after the completion of this Agreement. 18. CLOUD SERVICES. Buyer agrees and acknowledges that in order to provide a high level of service, Seller may store Buyer’s information in the public cloud. This information may include but is not limited to drawings, pictures, equipment layouts, passwords, backups, or configuration files. Buyer agrees and acknowledges that the cloud is a separate and independent network, which is not controlled by Seller, and that Seller shall have no liability whatsoever, under any circumstances, for any damages arising out of or relating to the use of the public cloud, including but not limited to the loss of any information. 19. CHOICE OF LAW. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. 20. ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this Agreement or in any way related to the transaction that is evidenced by this Agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 21. SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the extent permitted by law. 22. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 23. ADDITIONAL WORK. In the event that Seller agrees to provide additional products or service not specifically covered by this Agreement, the terms and conditions of this Agreement shall govern, unless otherwise provided in writing. 24. ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties.
Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland.
STC.2020.v1.0
Packet Page #77 Quote #232885 v4 Page: 3 of 3 REQUEST FOR COUNCIL ACTION
Referred to Council: November 19, 2020 Subject: S.B. Friedman Advisory Services Staff Contact: Brad Wilson, Finance Director Department: Finance
TITLE: A Resolution Authorizing an Agreement with S.B. Friedman Development Advisors for Development Advisory Services in an Amount Not To Exceed $19,900
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 7-0
RECOMMENDATION: Approve the attached Resolution authorizing an agreement with S.B. Friedman in the amount not to exceed $19,900.
BACKGROUND: SB Friedman has assisted the City in the past on a number occasions with advisory services related to redevelopment projects.
ANALYSIS: This agreement would provide for services related to an area being redeveloped by TransWestern. Their services would help with cost benefit/analysis, potential TIF projections and assistance with the development agreement(s).
DOCUMENTS ATTACHED Resolution SB Friedman proposal
Packet Page #78 RESOLUTION NO. R-20-84
A RESOLUTION AUTHORIZING AN AGREEMENT WITH S.B. FRIEDMAN DEVELOPMENT ADVISORS FOR DEVELOPMENT ADVISORY SERVICES IN AN AMOUNT NOT TO EXCEED $19,900
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks the S.B. Friedman for the Development Advisory Services; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services of S.B. Friedman, the Mayor and the City Council find S.B. Friedman is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #79
PASSED this 19th day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19th day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #80 October 9, 2020
Mr. Brad Wilson Finance Director City of Wood Dale 404 North Wood Dale Road Wood Dale, IL 60191
Re: Transwestern Deal #2 - Development Advisory Services
Dear Mr. Wilson:
The City is currently considering entering into a public private partnership with Transwestern related to a proposed redevelopment project.
SB Friedman proposes to assist the City in reviewing the proposed public private partnership transaction.
To authorize up to $19,900 of fees to perform this work, please sign below and return a copy to us.
We will bill only for actual time required and spend no more than the above authorized amount without further authorization. We appreciate the opportunity to continue to serve the City.
Sincerely, SB Friedman Development Advisors
Geoffrey Dickinson, AICP Senior Vice President
Accepted: ______Signature Date
______Printed Name Title
SB FRIEDMAN | DEVELOPMENT ADVISORS 1 www.sbfriedman.com
Packet Page #81 REQUEST FOR COUNCIL ACTION
Referred to Council: November 12, 2020 Subject: Resolution Approving the Amended Final Plat of Subdivision (“BridgePoint”) Staff Contact: Gosia Poceicha Department: Community Development
TITLE: A Resolution Approving the Amended Final Plat of Subdivision for Property Located at 650 and 750 N. Wood Dale Road (F.K.A. 700-770 N. Wood Dale Rd) Wood Dale, Illinois
ANALYSIS:
On March 21, 2019, the City Council approved a Plat of Subdivision submitted for the development of the property referenced herein. Since the date of approval and recordation of the Plat, the owner has requested minor amendments, as outlined in the attached Resolution. Approval of the Amended Final Subdivision signifies the City Council’s approval of the modifications made to the planned development, and is required to conform the Final Plat of Subdivision to the approved development of the property.
DOCUMENTS ATTACHED • Resolution
Packet Page #82 RESOLUTION NO. R-20-85
A RESOLUTION APPROVING THE AMENDED FINAL PLAT OF SUBDIVISION FOR PROPERTY LOCATED AT 650 and 750 N. WOOD DALE ROAD (F.K.A. 700-770 N. WOOD DALE RD) WOOD DALE, ILLINOIS
WHEREAS, the City of Wood Dale (the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq; and
WHEREAS, on March 21, 2019, the City Council approved the Final Plat of Subdivision submitted for the development of the property, as legally described in CDC case 2018-CDC-09 (the “Property”), it having been approved pursuant to the procedures set forth in the City Code, Section 17.406; and
WHEREAS, the Final Plat of Subdivision approved, along with the resolution approving it, has been recorded as Document R2019-043577; and
WHEREAS, since the date of approval and recordation, the Property Owner has requested a minor amendment to the Final Plat of Subdivision to (a) change the name of the subdivision to “BridgePoint of Wood Dale,” (b) to call for the partial vacation of easement over Pond and Mittel, for a public sidewalk over the ATT easement shown on the Plat, and (c) to delineate multi-use trail maintenance responsibilities, all of which is shown on the amended Final Plat of Subdivision attached hereto as Exhibit A; and
WHEREAS, the Corporate Authorities of the City of Wood Dale have reviewed the proposed revisions to the approved Final Plat of Subdivision and determine them to be minor, and have determined that the Amended Final Plat of Subdivision is still in keeping with the recommendation of the Planning, Zoning and Building Committee and of the Community Development Commission, made in this case, and have determined therefore to approve the request for approval of the Amended Final Plat of Subdivision..
NOW, THEREFORE, BE IT RESOLVED BY THE CORPORATE AUTHORITIES OF THE CITY OF WOOD DALE, DUPAGE COUNTY, ILLINOIS as follows:
SECTION ONE: The recitals set forth hereinabove are incorporated herein by reference as part of this Ordinance.
SECTION TWO: That the Amended Final Plat of Subdivision for “BridgePoint of Wood Dale” located at 650-750 N. Wood Dale Road (f.k.a. 700-770 N. Wood Dale Rd), Wood Dale, Illinois, is hereby approved, as part of the approval of the Special Use, Planned Unit Development and Major Site Plan Review in CDC case 2018-CDC-09 and conditions set forth relative thereto.
SECTION THREE: That the Mayor, City Clerk, City Treasurer and Community Development Commission Chairman are authorized and directed to sign the Amended
Page 1 of 3 Packet Page #83 Final Plat of Subdivision (attached as Exhibit “A”) by and on behalf of the City, and, thereafter, the City staff shall record said Plat with the DuPage County Recorder..
SECTION FOUR: That the Amended Final Plat of Subdivision shall replace in all respects for purposes of the subdivision of the Property referenced herein, the Plat as recorded in Document R2019-043577.
SECTION FIVE: That all Ordinances and Resolutions, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, expressly repealed.
SECTION SIX: That this Resolution shall be in full force and effect from and after its adoption in the manner provided by law.
PASSED this ___ day of November, 2020
AYES: ______
NAYS:______
ABSENT:______
APPROVED this ___ day of November, 2020
SIGNED:______Annunziato Pulice, Mayor
ATTEST:______Lynn Curiale, City Clerk
Page 2 of 3 Packet Page #84 EXHIBIT A
AMENDED FINAL PLAT OF SUBDIVISION
CURRENT PINS: 03-09-205-020 03-09-205-025 03-09-205-026 03-09-205-027
CURRENT ADDRESSES: 700-770 N. Wood Dale Road
NEW ADRESSES: 650 N. Wood Dale Road 750 N. Wood Dale Road
Page 3 of 3 Packet Page #85 DRAWN BY Packet Page #86 REVISIONS DATE TM 00 Springer Drive, Lombard, IL 60148 ph:630.691.8500 fx: 630.691.8585 manhard.com 7 Civil Engineers | SurveyorsConstruction | Water Resource Managers Engineers | Water | Environmental& Waste Water Engineers Scientists | Landscape Architects | Planners BRIDGE POINT WOOD DALE FINAL PLAT OF SUBDIVISION CITY OF WOOD DALE, ILLINOIS
PROJ. MGR.:
PROJ. ASSOC.:
DRAWN BY:
DATE:
SCALE: SHEET Dwg Name: Dwg Name: of Subdivision\BDPWDIL01-PS.dwg Drawings\Plat P:\Bdpwdil01\dwg\Surv\Final By: SPhillippe Updated 1 OF 3 August 22, 2019 - 06:50 August 22, 2019 DRAWN BY Packet Page #87 REVISIONS DATE TM 00 Springer Drive, Lombard, IL 60148 ph:630.691.8500 fx: 630.691.8585 manhard.com 7 Civil Engineers | SurveyorsConstruction | Water Resource Managers Engineers | Water | Environmental& Waste Water Engineers Scientists | Landscape Architects | Planners BRIDGE POINT WOOD DALE FINAL PLAT OF SUBDIVISION CITY OF WOOD DALE, ILLINOIS
PROJ. MGR.:
PROJ. ASSOC.:
DRAWN BY:
DATE:
SCALE: SHEET Dwg Name: Dwg Name: of Subdivision\BDPWDIL01-PS.dwg Drawings\Plat P:\Bdpwdil01\dwg\Surv\Final By: SPhillippe Updated 2 OF 3 August 22, 2019 - 06:50 August 22, 2019 August 22, 2019 - 06:50 Dwg Name: P:\Bdpwdil01\dwg\Surv\Final Drawings\Plat of Subdivision\BDPWDIL01-PS.dwg Updated By: SPhillippe
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062-069635
3699
3699
SCALE: DATE: DRAWN BY: PROJ. ASSOC.: PROJ. MGR.: DATE REVISIONS DRAWN BY 3 BRIDGE POINT WOOD DALE SHEET OF CITY OF WOOD DALE, ILLINOIS TM 3
700 Springer Drive, Lombard, IL 60148 ph:630.691.8500 fx: 630.691.8585 manhard.com FINAL PLAT OF SUBDIVISION Civil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water Engineers Construction Managers | Environmental Scientists | Landscape Architects | Planners
Packet Page #88 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19th, 2020 Subject: Internal Network Switch Upgrade Staff Contact: Nick Kace, Director of IT Department: Administration
TITLE: Approval of an Internal Network Switch Upgrade in an Amount not to Exceed $64,141.47
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 6/1
Below you will find 3 competitive quotes received along with the lowest cost option selected:
Heartland Business Systems - $64,141.47 CDWG - $65,703.00 Insight - $92,684.51
RECOMMENDATION: Upgrade the City’s aging IT infrastructure and software using CARES Act Funding to further secure its networks, improve remote and onsite work capabilities, protect its data, and add additional functionality to its users by approving the Internal Network Switch Upgrade in the not to exceed amount of $64,141.47.
BACKGROUND: It is important to note that each of these projects will have to be completed within the next two years. The City is deficient in all areas identified in this memo. Due to the implementation of ERP, many of these projects would have already been completed, but were put on hold. The availability of CARES act funding has moved these projects up on the timeline. The intention is to complete these IT projects in-house without much
Packet Page #89 vendor support or interaction, however, if need be, there are funds in the IT Professional Services budget for assistance.
Network Switch and Firewall Refresh The City’s network switches are the backbone of all data transfer, including phone service, and remote connectivity. The devices are all aging, and due to technological advances since the system was installed over 8 years ago, its network backbone cannot handle large the amounts of data, specifically related to remote work (such as streaming meetings). Additionally, since redundancy was not factored into the original design due to costs, a failure of any of the core components would result in at worst, a complete shutdown of all City infrastructure and services, and at best, a loss of connectivity to large segments of City and Police networks. If one fails as has happened in the past, sections of City Hall are cut off from phone and data services. Due to the age of devices the switches are likely to begin failing and will no longer meet the City’s future data transfer needs.
ANALYSIS: Network Switch and Firewall Refresh
Staff has developed a new network design to meet the City’s needs for the foreseeable future. New switches capable of handling the increased traffic have been selected and quoted. The new design connects all equipment (i.e. computers, phones, etc.) to a stack of distribution switches, which in turn travel over fiber-optics to 2 redundant core switches where servers, internet, private networks, and county connections are all connected. If one switch failed, all others would still be operational and only a single small portion of City Hall would be down. The new switches are cloud managed smart switches. They can not only separate networks and data paths to enable multiple networks to run over one switch, but all can be managed from anywhere from a central portal. The City currently has approximately 8 different subnets or networks running over its switches. These managed switches have far greater security functionality and the capability to manage all of the City’s network traffic. The upgrade will not only add redundancy and help prevent future issues; but it will better secure the City, and prepare it for future technologies, and readily accept any new additions to the network. The cost of this upgrade included in the above total is $64,141.47.
DOCUMENTS ATTACHED • HBS Internal Network Switch Upgrade
Packet Page #90 Statement of Work City of Wood Dale MERAKI SWITCH REFRESH
September 14th, 2020
SOW Prepared By: Salem Najib Heartland Business Systems Phone: (312) 722- 2994 [email protected]
Mike Carroll Heartland Business Systems Phone: (608) 444-7994 [email protected]
www.hbs.net | Linkedin.HBS.net | @HBSTech 800-236-7914 | Heartland Business Systems, L.L.C.
Packet Page #91 STATEMENT OF WORK City of Wood Dale – Meraki Switch Refresh
Project Overview This Statement of Work (“SOW”) reflects the services and material to be provided by Heartland Business Systems, LLC, hereinafter referred to as “HBS" for City of Wood Dale, hereinafter referred to as “Customer”.
The objectives of the Project are:
HBS will, with Customer’s assistance, migrate Customer’s current HPE switched network and configuration, hereinafter referred to as “Legacy Environment”, to a new Meraki network and provide migration services and support for the conversion activity. HBS will provide as-built documentation at the completion of the Project that outline the configuration items accepted by both HBS and the Customer at the successful completion of the migration. HBS will make every effort to adhere to Meraki’s best practices throughout the project and will, if necessary, inform the Customer if any design or configuration decisions deviate from these best practices.
Project Scope HBS will provide the following services and material, herein referred to as “Scope”:
In Scope • Review, with Customer, the Customer-provided architecture, design, and configuration of the Legacy Environment. • Review Legacy Environment to identify any network or external dependencies that may interfere with the deployment. • Configure Meraki dashboard and add devices/licenses. • Rack and cable 2 x MS425 and 12 x MS225 switches at Customer site. • Configure the MS425 switches in a stack. • Configure the MS225 switches in 3 stacks as per the initial discovery call with the Customer. • Upgrade firmware to recommended release version. • Connect each stack to the core stack using 2 x 10G fibers (or more depending on SFP+ availability). • Deploy a best-practice Meraki baseline configuration. • Configure VLANs and L3 interfaces. • Configure routing between the new Meraki core switches and the rest of the network. • Configure trunk and access ports based on the legacy configuration. • Cutover core switches and test connectivity to servers and Internet. • Cutover access stacks and test connectivity to servers and Internet. • Provide post-cutover support and troubleshooting assistance (up to four hours). • Provide post-installation administrator training and knowledge transfer session for up to four Customer administrators for up to four hours. • Provide post-installation “as-built” documentation outlining the final configuration.
Out of Scope Any work or material not specifically identified in this document is not included in this Agreement.
CONFIDENTIAL 2 Packet Page #92 STATEMENT OF WORK City of Wood Dale – Meraki Switch Refresh
Assumptions and Dependencies • Standard migration allows for two after-hours maintenance windows. Splitting the migration into multiple windows is considered out of scope and is accounted for through the Change Management process. • Customer to provide remote access prior to and throughout the project. • If dynamic routing is in use in the Legacy Environment, the migration configuration will be based in point-in-time routing information that may change between the pre-migration configuration and the cutover window. • Legacy Environment configurations that will be converted can be frozen (no network or policy changes) no less than ten (10) business days prior to the policy migration. • Customer will provide enough space for installing the new equipment. • Customer will allow the Heartland Business Systems engineer to connect their computer to Customer network in order to perform their duties. Heartland Business Systems is willing to allow Customer to examine said notebook for current anti-virus software if needed. • Customer agrees that Heartland Business Systems will have unescorted and un-supervised access to any new components being installed as a part of this project. Requirements for supervised access to equipment must be discussed at the project kick off meeting and extra charges may need to be added to the project to compensate for the additional time. • Customer will have working Internet access available to the engineer at the location where the work will be performed. • All professional services work will be completed during the normal business hours of 8:00am – 5:00pm M-F, local time, unless other arrangements are agreed to. Any time incurred after 5:00pm and before 8:00am will be charged at a rate of 1.5 per hour. • All travel expenses occurred on this project will be applied to the project hours accordingly. • Heartland Business Systems staff is available for additional hands-on training after implementation on a time and materials basis. • HBS and Customer will both ensure that adequate resources for which each respective party is responsible are available when needed throughout the duration of this engagement. The timely completion of this engagement will depend on the availability of the necessary Customer personnel committed to this effort. This SOW assumes that Customer’s subject matter expert, technical resources, and any named resources will be available as scheduled to provide information and access to the HBS team for the duration of the project. • Customer will provide a single point of contact with decision-making authority to interface with the HBS project manager. This person shall have the authority and is responsible for signing this SOW, any Change Orders, and the Acceptance documents throughout the project. • Customer is responsible for resolving problems outside the SOW that are beyond the control of HBS (i.e. software bugs, hardware failures, telecommunication circuits, server issues, and desktop issues). HBS can assist with these out of scope issues through the Change Management process. • The timely completion of this engagement will also depend on the availability and delivery of the product(s) associated with this SOW from other vendors. • Any potential dependencies discovered prior to implementation will be communicated to Customer to determine impact.
CONFIDENTIAL 3 Packet Page #93 STATEMENT OF WORK City of Wood Dale – Meraki Switch Refresh
Deliverables The following are the deliverables HBS will provide to Customer (herein referred to as “Deliverables”) for this Project:
Any change to the Deliverables listed below will require a Change Order.
# Deliverable 1 Implementation of solution per the “In Scope” section 2 Documentation 3 Training
Fixed Fee Project Pricing Service and equipment identified in this SOW does not include any taxes that may be applicable. Any such taxes shall be specified on an invoice as a separate line item.
City of Wood Dale agrees to compensate herein referred to a “Payment” HBS for providing the Deliverables as outlined in the BOM. Per the agreement between HBS and City of Wood Dale, this project is a fixed fee project per the Bill of Materials on with-in this Quote. Any additional time due to change orders will be billed accordingly to City of Wood Dale.
Unless specified to the contrary in writing by HBS, payment terms are net 30 days from date of invoice.
Responsibilities
Customer Responsibilities The items listed below shall be the responsibility of the customer.
• Provide room for staging equipment. • Disposal of shipment packaging. • Disposal of replaced equipment. • Clean all network closets prior to shipment arrival. • Communication of outages. • Provide a detailed test plan for use during migration window. • Assistance with testing and validation. • Provide power strips and access to receptacles for staging. • Transportation of Equipment to the buildings. • Provide lifts and or ladders where applicable.
Project Completion The Project will be complete when all Deliverables have been provided to Customer.
Customer will have three (3) business days to review each Deliverable. If HBS is not provided a written notice of rejection describing the basis for rejection within this period, the Deliverables will be considered accepted.
CONFIDENTIAL 4 Packet Page #94 STATEMENT OF WORK City of Wood Dale – Meraki Switch Refresh
After the completion of the project, support may be obtained by contacting the HBS Account Manager. Support will be billed at an agreed upon rate for services rendered.
Change Management Additional products and services beyond the In-Scope deliverables listed above are considered out of scope and require a change request approved by the customer before any work can be continued. Any additions/deletions/modifications to the agreement, regardless of modification to project value, require a change request approved by the customer prior to either party performing work.
HBS will submit a formal Change Request for customer approval that documents the out of scope work, and any associated costs or schedule changes. When a Change Request is approved and signed by Customer, it becomes a Change Order and is formally considered a part of this Agreement.
Terms Binding Agreement - This Statement of Work (SOW) describes the professional services and/or products, and results to be provided by HBS. When mutually executed for implementation, this SOW becomes contractually binding on HBS and Customer under the terms and conditions of the HBS Standard Terms and Conditions (STC) document.
Order of Precedence - Any ambiguity or inconsistency between or among the statements of this SOW and the Standard Terms and Conditions (“STC”) shall be resolved by giving priority and precedence in the following order:
• Statement of Work (SOW) • Standard Terms and Conditions (STC)
Work Hours - All professional services work will be completed during the normal business hours of 8:00am – 5:00pm M- F Central Time, unless other arrangements are agreed to. Any unplanned work occurring after 5:00pm or before 8:00am or on weekends is subject to a bill rate of 1.5 times the normal rate.
Promises – No other promises have been made related to this SOW except for those stated in this SOW. This SOW supersedes all other agreements or promises related to this Project and SOW.
Confidentiality Agreement Each party to this Agreement may have access to confidential information concerning the methodologies, pricing, and business practices of the other. Neither party shall make any use of such information of the other party except in connection with the exercise of its rights and responsibilities under this Agreement, except as may be necessary to comply with the laws or a court having proper jurisdiction.
CONFIDENTIAL 5 Packet Page #95 Meraki Network Refresh Data Center & Police Department Quote #231626 v4
Prepared For: Prepared By: Date Issued: City of Wood Dale Chicago Illinois Office 11.13.2020 Nick Kace Mike Carroll 404 N. Wood Dale Road 5400 Patton Drive Suite 4B Expires: Wood Dale, IL 60191 Lisle, IL 60532 12.10.2020
P: (630) 787-3710 P: 608-444-7994 E: [email protected] E: [email protected]
Data Center Refresh Price Qty Ext. Price MS425-32-HW Meraki Cloud-Managed 32 port 10GbE Aggregation Switch with 40GbE $9,684.66 2 $19,369.32 Uplinks/Stacking - Manageable - 3 Layer Supported - Modular - Optical Fiber, Twisted Pair - 1U High - Rack-mountable - Lifetime Limited Warranty CLD- MNGD 16X 10G SFP+ SWITCH
LIC-MS425-32- Meraki Enterprise License and Support + 3 Year Enterprise Support - Cisco $1,169.58 2 $2,339.16 3YR Meraki MS425-32 Cloud Managed Switch - Subscription License 1 Switch - 3 Year License Validation Period ENTERPRISE LICS AND SUP
MS225-24P-HW Meraki MS225-24P Ethernet Switch - 24 Ports - Manageable - 3 Layer $2,096.91 12 $25,162.92 Supported - Modular - Twisted Pair, Optical Fiber - 1U High - Rack-mountable, Desktop - Lifetime Limited Warranty CLD-MNGD 24X GBE 370W POE SWITCH
LIC-MS225-24P- Meraki Enterprise With 3 Years Enterprise Support - Cisco Meraki Cloud $241.59 12 $2,899.08 3YR Managed MS225-24P - Switch - 24 Ports - Subscription License 1 Switch - 3 Year License Validation Period ENTERPRISE LICS 3YR
MA-CBL-40G- Meraki 40GbE QSFP Cable, 0.5 Meter - 1.64 ft QSFP Network Cable for Network $93.33 14 $1,306.62 50CM Device - QSFP Network - 40 Gbit/s CABLE
MA-SFP-10GB- Meraki 10G Base SR Multi-Mode - For Data Networking, Optical Network10 $351.11 12 $4,213.32 SR MODE Meraki 10G Base SR Multi-Mode - For Data Networking, Optical Network10 MODE Meraki 10G Base SR Multi-Mode - For Data Networking, Optical Network10 MODE Meraki 10G Base SR Multi-Mo
MA-CBL-TA-3M Meraki 10 GbE Twinax Cable with SFP+ Modules, 3 Meter - Twinaxial Network $75.56 2 $151.12 Cable for Network Device - SFP+ Network - 10 Gbit/s CABLE WITH SFP+ MODULES Meraki 10 GbE Twinax Cable with SFP+ Modules, 3 Meter - Twinaxial Network Cable for Network Device - SFP+
Subtotal $55,441.54
Police Department Refresh Price Qty Ext. Price MS225-24P-HW Meraki MS225-24P Ethernet Switch - 24 Ports - Manageable - 3 Layer $2,096.91 3 $6,290.73 Supported - Modular - Twisted Pair, Optical Fiber - 1U High - Rack-mountable, Desktop - Lifetime Limited Warranty
LIC-MS225-24P- Meraki Enterprise With 3 Years Enterprise Support - Cisco Meraki Cloud $241.59 3 $724.77 3YR Managed MS225-24P - Switch - 24 Ports - Subscription License 1 Switch - 3 Year License Validation Period
MA-CBL-40G- Meraki 40GbE QSFP Cable, 0.5 Meter - 1.64 ft QSFP Network Cable for Network $93.33 3 $279.99 50CM Device - QSFP Network - 40 Gbit/s
MA-SFP-10GB- Meraki 10G Base SR Multi-Mode - For Data Networking, Optical Network10 $351.11 4 $1,404.44 SR
Subtotal $8,699.93
Packet Page #96 Quote #231626 v4 Page: 1 of 4 Quote Summary Amount Data Center Refresh $55,441.54 Police Department Refresh $8,699.93 Total: $64,141.47
This quote may not include applicable sales tax, shipping, handling and/or delivery charges. Final applicable sales tax, shipping, handling and/or delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 15% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns are accepted by HBS without prior written approval. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2018.v2.0 or later, or the parties have executed a current master services agreement, the signed agreement shall supersede the version on the website. QT.2020.v1.0
Acceptance Chicago Illinois Office City of Wood Dale
Mike Carroll Signature / Name Signature / Name Initials 11/13/2020 Date Date
Packet Page #97 Quote #231626 v4 Page: 2 of 4 HTG Standard Terms & Conditions
STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., (“Heartland” or “Seller”),with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (“Buyer”) who purchases products and/or services from Heartland.
1. ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland. 2. PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of HBSFLEX Agreement invoices. HBSFLEX Agreement invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3. FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4. SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5. WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6. PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this Agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid HBSFLEX Agreement purchased by the Buyer, at the rates set forth in the most current version of the HBSFLEX Volume Service Schedule, as updated from time to time, or may be billed out to the Buyer at the then-prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a HBSFLEX Agreement or billed out at an hourly rate, all terms of this Agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. HBSFLEX Agreements may not be used to purchase products, and each HBSFLEX Agreement shall automatically expire eighteen months after the date of invoice for that HBSFLEX Agreement. 1. Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, whichever applies. 2. HBSFLEX Agreements. Buyer may choose to purchase a pre-paid HBSFLEX Agreement from Seller. When a HBSFLEX Agreement is purchased, labor and travel charges incurred will be applied against the HBSFLEX Agreement. Buyer will receive informational invoices detailing the services as they are provided. 1. When a pre-paid HBSFLEX Agreement is exhausted an additional HBSFLEX Agreement may be purchased. If an additional HBSFLEX Agreement is not purchased, then services will be billed out at the then-prevailing hourly rate. 2. Either party may terminate a pre-paid HBSFLEX Agreement by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this Agreement is terminated before the HBSFLEX Agreement is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 3. Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a HBSFLEX Agreement then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. 7. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8. FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9. ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10. EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11. BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this Agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12. BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13. BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14. NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or Packet Page #98 Quote #231626 v4 Page: 3 of 4 indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that Heartland may bring an action for injunctive relief and/or actual damages to enforce this provision. 15. SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16. EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17. ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. All data and intellectual property provided by Seller in connection with this Agreement shall belong to Seller (“Heartland Materials”). Seller shall retain all rights and interests in and to the Heartland Materials after the completion of this Agreement. 18. CLOUD SERVICES. Buyer agrees and acknowledges that in order to provide a high level of service, Seller may store Buyer’s information in the public cloud. This information may include but is not limited to drawings, pictures, equipment layouts, passwords, backups, or configuration files. Buyer agrees and acknowledges that the cloud is a separate and independent network, which is not controlled by Seller, and that Seller shall have no liability whatsoever, under any circumstances, for any damages arising out of or relating to the use of the public cloud, including but not limited to the loss of any information. 19. CHOICE OF LAW. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. 20. ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this Agreement or in any way related to the transaction that is evidenced by this Agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 21. SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the extent permitted by law. 22. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 23. ADDITIONAL WORK. In the event that Seller agrees to provide additional products or service not specifically covered by this Agreement, the terms and conditions of this Agreement shall govern, unless otherwise provided in writing. 24. ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties.
Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland.
STC.2020.v1.0
Packet Page #99 Quote #231626 v4 Page: 4 of 4 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19th, 2020 Subject: Microsoft 365 E3 GCC CSP Staff Contact: Nick Kace, Director of IT Department: Administration
Title: A Resolution Approving a Contract Awarded to Heartland Business Systems for Microsoft 365 E3 GCC CSP
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 6/1
Below you will find 3 competitive quotes received along with the lowest cost option selected (all are quoted per month) It is important to note that while Dell holds the state bid for Microsoft products, they were more expensive than HBS for the same service:
Heartland Business Systems - $3,637.40 Dell - $3,675.89 LiftOff – $4,680.00
RECOMMENDATION: Upgrade the City’s aging IT infrastructure and software using CARES Act Funding to further secure its networks, improve remote and onsite work capabilities, protect its data, and add additional functionality to its users by approving Microsoft 365 E3 GCC CSP Subscription in the amount of $3,637.40 per month. BACKGROUND: It is important to note that each of these projects will have to be completed within the next two years. The City is deficient in all areas identified in this memo. Due to the implementation of ERP, many of these projects would have already been completed,
Packet Page #100 but were put on hold. The availability of CARES act funding has moved these projects up on the timeline. The intention is to complete these IT projects in-house without much vendor support or interaction, however, if need be, there are funds in the IT Professional Services budget for assistance. Microsoft 365 Upgrade / Implementation Microsoft service upgrades are critical to the functionality of our systems and the protection of our infrastructure. Many of our systems are on premise solutions that significantly lack capabilities, most of which are now only found in Microsoft’s cloud infrastructure. Passwords for instance, can only be reset on-site by IT, our local infrastructure syncs only basic data to the cloud, advanced threat protection is not available, and most notably, the City is currently using Microsoft Office 2013 and has not purchased new office software since 2012 (Office version 2010), putting the City behind in its ability to effectively communicate. This poses a problem as we must convert the file before being able to view or modify it. Multiple new versions of office have been released since 2013, namely Microsoft Office 365. Newer formatting and options in the Office 365 version are not viewable or editable to the City using version 2013. In the past to save funding, Office was only upgraded as the City fell behind and multiple new versions were released. Unfortunately we can no longer skip versions as Office (Microsoft) 365 has become a subscription service with constant updates, therefore there are no longer any versions to skip.
ANALYSIS: Microsoft 365 Upgrade / Implementation The Microsoft 365 G3 (E3) suite contains 72 different products that would not only improve the City’s security posture and add significant functionality to our network, but keep our Office Productivity Suite and Windows licensing updated as well. A few of the included products that are most important and useful to the City are as follows: • Office 365 Apps • Exchange Online • Sharepoint • One Drive for Business • Office Mobile & Web Apps • Information Protection • Data Loss Prevention • eDiscovery & Retention • Multifactor Authentication (With 3rd party integration) • Single Sign On • Self Service Password Reset and Group Management • Access Management
Packet Page #101 • MS Teams • InTune MDM • AutoPilot Automated Configuration • Advanced Threat Protection/Analytics • Azure RMS • System Center Protection • Server CAL Licensing • Active Directory RMS • Conditional Access • Store for Businesses • Hello Management • Virtual Desktop • Windows to Go
All of these would either replace existing expenditures (as they are included in this package) or be implemented in some form to either increase functionality, build redundancy, or better protect the City from unauthorized access, attack, and data extraction. What once was Microsoft Office 20xx, has now become Office (Microsoft) 365, a subscription based productivity suite. Purchasing new Microsoft Office software will enable Staff to work and communicate more efficiently. The City would likely purchase the software from Heartland Business Systems, who beat Dell’s Illinois State Bid pricing and CDWG. The expenditure would convert to monthly as it is now a service (Master Service Agreement), enabling the City to add and drop licensing on demand as needed, providing the ability to dynamically save money, and cancel at any time. This equates to roughly $3,637.40 per month ($27.98 per employee or $43,648.80 per year) to license all employees. For comparison purposes, this would be similar to our cell phone bill, however, all software (such as MS Office) would be constantly updated to the newest versions as they are released. This Master Service Agreement is a subscription (similar to our cell phone bill) in which they can be canceled at any time.
DOCUMENTS ATTACHED
• Resolution • HBS Microsoft 365 E3 GCC CSP Quote
Packet Page #102 RESOLUTION NO. R-20-86
A RESOLUTION APPROVING A CONTRACT AWARDED TO HEARTLAND BUSINESS SYSTEMS FOR MICROSOFT 365 E3 GCC CSP
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks Heartland Business Systems for Microsoft 365 E3 GCC CSP; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services of Heartland Business Systems, the Mayor and the City Council find Heartland Business Systems is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #103 PASSED this 19th day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19th day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #104 Microsoft 365 CSP Licensing Quote #235313 v2
Prepared For: Prepared By: Date Issued: City of Wood Dale Chicago Illinois Office 11.13.2020 Nick Kace Mike Carroll 404 N. Wood Dale Road 5400 Patton Drive Suite 4B Expires: Wood Dale, IL 60191 Lisle, IL 60532 12.01.2020
P: (630) 787-3710 P: 608-444-7994 E: [email protected] E: [email protected]
Monthly Recurring Charges Price Qty Ext. Price CSP-DIRECT- Microsoft 365 GCC G3 $27.98 130 $3,637.40 1c9ba2ed199e
Subtotal $3,637.40
Quote Summary Amount Monthly Recurring Charges $3,637.40 Total: $3,637.40
This quote may not include applicable sales tax, shipping, handling and/or delivery charges. Final applicable sales tax, shipping, handling and/or delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 15% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns are accepted by HBS without prior written approval. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2018.v2.0 or later, or the parties have executed a current master services agreement, the signed agreement shall supersede the version on the website. QT.2020.v1.0
Acceptance Chicago Illinois Office City of Wood Dale
Mike Carroll Signature / Name Signature / Name Initials 11/13/2020 Date Date
Packet Page #105 Quote #235313 v2 Page: 1 of 9 Microsoft CSP Engagement Outline
Microsoft CSP Terms & Conditions
SCHEDULE to the Service Agreement (“Agreement”) dated between Heartland Business Systems LLC, a Wisconsin limited liability company, hereafter called Heartlandand Customer.
Heartland and Customer (hereafter called PARTIES) agree as follows:
1. The terms of this SCHEDULE shall govern in the event of a conflict between the terms of the Agreement and the terms of this SCHEDULE. 2. Term. The term of this SCHEDULE and Engagement shall begin at contract start date and remain in effect unless terminated for any reason with a sixty (60) days written notice given by Customer or Heartland. 3. Additions/Deletions For monthly subscriptions, customer has the right to increase or decrease quantities on an as needed basis monthly. For annual subscriptions, customer has the right to increase license quantities on an as needed basis. As a condition of this agreement, customer agrees to allow Heartland to adjust licenses on an as needed based on customer email request without signed quote approval. This provides for more nimble processing of licenses on an as needed based for the customer. 4. Support. It is understood that, as per Microsoft CSP Program Terms and Conditions, all support for Microsoft CSP Licensing will be provided by Heartland Business Systems directly. Tier 1 Support for break/fix of CSP products caused by Microsoft related issues is included with monthly license costs. Should Microsoft technical assistance be required Heartland will open a support case on customer's behalf. Support for additions, deletions, changes, design engineering, education, or issues caused by customer misconfiguration or incompatibility with 3rd party hardware or software are not included. Such support will be billed at the applicable hourly rate based HBS Standard Time and Materials Rate or per HBS FLEX agreement if one is on file. Under CSP, customer does not have access directly to Microsoft Technical Support. By signing this agreement customer agrees to pay any hourly support charges incurred.
HBS Helpdesk: 877-212-2669 or [email protected]. Standard Business Hours: Monday through Friday, 8:00 am – 5:00pm Central Time
• Exchange Online • Office 365 • Windows Desktop and Server Operating Systems • Dynamics 365 for Sales, Customer Service, Field Service • SharePoint Online • PowerBI • Azure PaaS SQL or Mobile/Web Apps • Office 365 Groups & Microsoft Teams • Skype for Business Online
24x7 Supported Products:
HBS will determine the specific Microsoft CSP products will be available for 24x7 support and discuss with your during initial engagement. The following are the most common that are applicable for after-hours support (subject to change):
• Exchange Online • Office 365 • Windows Desktop and Server Operating Systems
For products supported outside of standard business hours, you can call on the support line at 877-212-2669 and leave a voicemail message. Voicemails are typically returned within 1 hour. Please note that email support tickets will be responded to the next business day.
5. Pricing. Customer agrees to pay Heartland and Heartland agrees to accept as compensation for the Engagement a fee as approved by Customer’s choice of options below. Pricing does not include applicable sales tax which will be charged at time of invoicing. License pricing subject to change on a monthly basis based on Microsoft MSRP adjustments. 6. Travel. Should travel be required, it will be billed to customer at below rates based on one way travel from closest Heartland office. Microsoft Customer Agreement
This Microsoft Customer Agreement (the “Agreement”) is between Customer and Microsoft and consists of these General Terms, the applicable Use Rights and SLAs, and any additional terms Microsoft presents when an order is placed. This Agreement takes effect when the Customer accepts these General Terms. The individual who accepts these General Terms represents that he or she is authorized to enter into this Agreement on behalf of the Customer.
General Terms
These General Terms apply to all of Customer’s orders under this Agreement. Capitalized terms have the meanings given under “Definitions.”
License to use Microsoft Products
a. License grant. Products are licensed and not sold. Upon Microsoft’s acceptance of each order and subject to Customer’s compliance with this Agreement, Microsoft grants Customer a nonexclusive and limited license to use the Products ordered as provided in the applicable Use Rights and this Agreement. These licenses are solely for Customer’s own use and business purposes and are nontransferable except as expressly permitted under this Agreement or applicable law.
b. Duration of licenses. Licenses granted on a subscription basis expire at the end of the applicable subscription period unless renewed. Licenses granted for metered Products billed periodically based on usage continue as long as Customer continues to pay for its usage of the Product. All other licenses become perpetual upon payment in full.
c. Applicable Use Rights. For perpetual licenses, the Use Rights in effect when Customer orders a Product will apply. For subscriptions, the Use Rights in effect at the start of each subscription period will apply. Customers with subscriptions for Software may use new versions released during the subscription period subject to the Use Rights in effect when those versions are released. For metered Products billed periodically based on usage, the Use Rights in effect at the start of each billing period will apply during that period. Microsoft may update the Use Rights periodically, but material adverse changes for a particular version will not apply during the applicable
Packet Page #106 Quote #235313 v2 Page: 2 of 9 license, subscription, or billing period.
d. End Users. Customer will control access to and use of the Products by End Users and is responsible for any use of the Products that does not comply with this Agreement.
e. Affiliates. Customer may order Products for use by its Affiliates. If it does, the licenses granted to Customer under this Agreement will apply to such Affiliates, but Customer will have the sole right to enforce this Agreement against Microsoft. Customer will remain responsible for all obligations under this Agreement and for its Affiliates’ compliance with this Agreement.
f. Reservation of Rights. Microsoft reserves all rights not expressly granted in this Agreement. Products are protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use a Product on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices.
g. Restrictions. Except as expressly permitted in this Agreement or Product documentation, Customer must not (and is not licensed to):
(1) reverse engineer, decompile, or disassemble any Product, or attempt to do so;
(2) install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to any other license terms;
(3) work around any technical limitations in a Product or restrictions in Product documentation;
(4) separate and run parts of a Product on more than one device;
(5) upgrade or downgrade parts of a Product at different times;
(6) transfer parts of a Product separately; or
(7) distribute, sublicense, rent, lease, or lend any Products, in whole or in part, or use them to offer hosting services to a third party.
h. License transfers. Customer may only transfer fully-paid, perpetual licenses to (1) an Affiliate or (2) a third party solely in connection with the transfer of hardware to which, or employees to whom, the licenses have been assigned as part of (a) a divestiture of all or part of an Affiliate or (b) a merger involving Customer or an Affiliate. Upon such transfer, Customer must uninstall and discontinue using the licensed Product and render any copies unusable. Customer must notify Microsoft of a License transfer and provide the transferee a copy of these General Terms, the applicable Use Rights and any other documents necessary to show the scope, purpose and limitations of the licenses transferred. Attempted license transfers that do not comply with this section are void.
Non-Microsoft Products.
Non-Microsoft Products are provided under separate terms by the Publishers of such products. Customer will have an opportunity to review those terms prior to placing an order for a Non-Microsoft Product through a Microsoft online store or Online Service. Microsoft is not a party to the terms between Customer and the Publisher. Microsoft may provide Customer’s contact information and transaction details to the Publisher. Microsoft makes no warranties and assumes no responsibility or liability whatsoever for Non-Microsoft Products. Customer is solely responsible for its use of any Non-Microsoft Product.
Verifying compliance.
Customer must keep records relating to Products it and its Affiliates use or distribute. At Microsoft’s expense, Microsoft may verify Customer’s and its Affiliates’ compliance with this Agreement at any time upon 30 days’ notice. To do so, Microsoft may engage an independent auditor (under nondisclosure obligations) or ask Customer to complete a self-audit process. Customer must promptly provide any information and documents that Microsoft or the auditor reasonably requests related to the verification and access to systems running the Products. If verification or self-audit reveals any unlicensed use, Customer must, within 30 days, order sufficient licenses to cover the period of its unlicensed use. Without limiting Microsoft’s other remedies, if unlicensed use is 5% or more of Customer’s total use of all Products, Customer must reimburse Microsoft for its costs incurred in verification and acquire sufficient licenses to cover its unlicensed use at 125% of the then-current Customer price or the maximum allowed under applicable law, if less. All information and reports related to the verification process will be Confidential Information and used solely to verify compliance.
Privacy.
a. Personal Data. Customer consents to the processing of Personal Data by Microsoft and its Affiliates, and their respective agents and subcontractors, as provided in this Agreement. Before providing Personal Data to Microsoft, Customer will obtain all required consents from third parties (including Customer’s contacts, Partners, distributors, administrators, and employees) under applicable privacy and data protection laws.
b. Location of Personal Data. To the extent permitted by applicable law, Personal Data collected under this Agreement may be transferred, stored and processed in the United States or any other country in which Microsoft or its Affiliates, or their respective agents and subcontractors, maintain facilities. Microsoft will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of Personal Data from the European Economic Area and Switzerland.
Confidentiality.
a. Confidential Information. “Confidential Information” is non-public information that is designated “confidential” or that a reasonable person should understand is confidential, including, but not limited to, Customer Data, the terms of this Agreement, and Customer’s account authentication credentials. Confidential Information does not include information that (1) becomes publicly available without a breach of a confidentiality obligation; (2) the receiving party received lawfully from another source without a confidentiality obligation; (3) is independently developed; or (4) is a comment or suggestion volunteered about the other party’s business, products or services.
b. Protection of Confidential Information. Each party will take reasonable steps to protect the other’s Confidential Information and will use the other party’s Confidential Information only for purposes of the parties’ business relationship. Neither party will disclose Confidential Information to third parties, except to its Representatives, and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. Each party remains responsible for the use of Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party. The Online Services Terms may provide additional terms regarding the disclosure and use of Customer Data.
c. Disclosure required by law. A party may disclose the other’s Confidential Information if required by law, but only after it notifies the other party (if legally permissible) Packet Page #107 Quote #235313 v2 Page: 3 of 9 to enable the other party to seek a protective order.
d. Residual information. Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of information retained in Representatives’ unaided memories in the development or deployment of the parties’ respective products or services does not create liability under this Agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly.
e. Duration of Confidentiality obligation. These obligations apply (1) for Customer Data, until it is deleted from the Online Services; and (2) for all other Confidential Information, for a period of five years after a party receives the Confidential Information.
Product warranties.
a. Limited warranties and remedies.
(1) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.
(2) Software. Microsoft warrants that the Software version that is current at the time will perform substantially as described in the applicable Product documentation for one year from the date Customer acquires a license for that version. If it does not, and Customer notifies Microsoft within the warranty term, Microsoft will, at its option, (a) return the price Customer paid for the Software license or (b) repair or replace the Software.
The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any warranty claims not made during the warranty period.
b. Exclusions. The warranties in this Agreement do not apply to problems caused by accident, abuse, or use inconsistent with this Agreement, including failure to meet minimum system requirements. These warranties do not apply to free, trial, preview, or prerelease products, or to components of Products that Customer is permitted to redistribute.
c. Disclaimer. Except for the limited warranties above and subject to applicable law, Microsoft provides no other warranties or conditions for Products and disclaims any other express, implied or statutory warranties for Products, including warranties of quality, title, non-infringement, merchantability, and fitness for a particular purpose.
Defense of third-party claims.
The parties will defend each other against the third-party claims described in this section and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim and has the right to control the defense and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority. The defending party will reimburse the other party for reasonable out- of-pocket expenses it incurs in providing assistance. This section describes the parties’ sole remedies and entire liability for such claims.
a. By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product after being notified to stop due to a third-party claim.
b. By Customer. To the extent permitted by applicable law, Customer will defend Microsoft and its Affiliates against any third-party claim to the extent it alleges that: (1) any Customer Data or Non-Microsoft Product hosted in an Online Service by Microsoft on Customer's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer’s use of any Product, alone or in combination with anything else, violates the law or harms a third party.
Limitation of liability.
For each Product, each party’s maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the Products during the term of the applicable licenses, subject to the following:
a. Subscriptions. For Products ordered on a subscription basis, Microsoft’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Product during the 12 months before the incident.
b. Free Products and distributable code. For Products provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to direct damages finally awarded up to US$5,000.
c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability.
d. Exceptions. No limitation or exclusions will apply to liability arising out of either party’s (1) confidentiality obligations (except for liability related to Customer Data, which will remain subject to the limitations and exclusions above); (2) defense obligations; or (3) violation of the other party’s intellectual property rights.
Partners.
a. Selecting a Partner. Customer may authorize a Partner to place orders on Customer’s behalf and manage Customer’s purchases by associating the Partner with its account. If the Partner’s distribution right is terminated, Customer must select an authorized replacement Partner or purchase directly from Microsoft. Partners and other third parties are not agents of Microsoft and are not authorized to enter into any agreement with Customer on behalf of Microsoft.
b. Partner Administrator privileges and access to Customer Data. If Customer purchases Online Services from a Partner or chooses to provide a Partner with administrator privileges, that Partner will be the primary administrator of the Online Services and will have administrative privileges and access to Customer Data and Administrator Data. Customer consents to Microsoft and its Affiliates providing the Partner with Customer Data and Administrator Data for purposes of provisioning, administering and supporting (as applicable) the Online Services. Partner may process such data according to the terms of Partner’s agreement with Customer, and its privacy commitments may differ from Microsoft’s. Customer appoints Partner as its agent for purposes of providing and receiving notices and other communications to and from Microsoft. Customer may terminate the Partner’s administrative privileges at any time.
Packet Page #108 Quote #235313 v2 Page: 4 of 9 Pricing and payment.
a. Pricing and payment. If Customer orders from a Partner, the Partner will set Customer’s pricing and payment terms for that order, and Customer will pay the amount due to the Partner. Otherwise, Customer’s pricing and payment terms for a given order are set by Microsoft, and Customer will pay the amount due to Microsoft.
b. Payment method. For orders with Microsoft, Customer must provide a payment method or, if eligible, choose to be invoiced for purchases made on its account. By providing Microsoft with a payment method, Customer (1) consents to Microsoft’s use of account information regarding the selected payment method provided by the issuing bank or applicable payment network; (2) represents that it is authorized to use that payment method and that any payment information it provides is true and accurate; (3) represents that the payment method was established and is used primarily for commercial purposes and not for personal, family or household use; and (4) authorizes Microsoft to charge Customer using that payment method for orders under this Agreement.
c. Invoices. Microsoft may invoice eligible Customers for orders placed directly with Microsoft. Customer’s ability to elect payment by invoice is subject to Microsoft’s approval of Customer’s financial condition. Customer authorizes Microsoft to obtain information about Customer’s financial condition, which may include credit reports, to assess Customer’s eligibility for invoicing. Unless the Customer’s financial statements are publicly available, Customer may be required to provide their balance sheet, profit and loss and cash flow statements to Microsoft. Customer may be required to provide security in a form acceptable to Microsoft to be eligible for invoicing. Microsoft may withdraw Customer’s eligibility at any time and for any reason. Customer must promptly notify Microsoft of any changes in its company name or location and of any significant changes in the ownership, structure, or operational activities of the organization.
d. Invoice Payment terms. If Microsoft invoices Customer, each invoice will identify the amounts payable by Customer to Microsoft for the period corresponding to the invoice.
Customer will pay all amounts due within thirty (30) calendar days following the invoice date.
e. Late Payment. Microsoft may, at its option, assess a late fee on any payments to Microsoft that are more than fifteen (15) calendar days past due at a rate of two percent (2%) of the total amount payable, calculated and payable monthly, or the highest amount allowed by law, if less.
f. Cancellation fee. If a subscription permits early termination and Customer cancels the subscription before the end of the subscription or billing period, Customer may be charged a cancellation fee.
g. Recurring Payments. For subscriptions that renew automatically, Customer authorizes Microsoft to charge Customer’s payment method periodically for each subscription or billing period until the subscription is terminated. By authorizing recurring payments, Customer authorizes Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account (in the case of Automated Clearing House or similar debits), as charges to the designated card account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee to the maximum extent permitted by applicable law and to process any such fees as an Electronic Payment or to invoice Customer for the amount due.
h. Taxes. Microsoft prices exclude applicable taxes unless identified as tax inclusive. If any amounts are to be paid to Microsoft, Customer shall also pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges, or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this Agreement and that Microsoft is permitted to collect from Customer. Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay including any taxes that arise on the distribution or provision of Products by Customer to its Affiliates. Microsoft shall be responsible for all taxes based upon its net income, gross receipts taxes imposed in lieu of taxes on income or profits, and taxes on its property ownership.
If any taxes are required to be withheld on payments invoiced by Microsoft, Customer may deduct such taxes from the amount owed and pay them to the appropriate taxing authority, but only if Customer promptly provides Microsoft an official receipt for those withholdings and other documents reasonably requested to allow Microsoft to claim a foreign tax credit or refund. Customer will ensure that any taxes withheld are minimized to the extent possible under applicable law.
Term and termination.
a. Term. This Agreement is effective until terminated by a party, as described below.
b. Termination without cause. Either party may terminate this Agreement without cause on 60 days’ notice. Termination without cause will not affect Customer’s perpetual licenses, and licenses granted on a subscription basis will continue for the duration of the subscription period(s), subject to the terms of this Agreement.
c. Termination for cause. Without limiting other remedies it may have, either party may terminate this Agreement on 30 days’ notice for material breach if the other party fails to cure the breach within the 30-day notice period. Upon such termination, the following will apply:
(1) All licenses granted under this Agreement will terminate immediately except for fully-paid, perpetual licenses.
(2) All amounts due under any unpaid invoices shall become due and payable immediately. For metered Products billed periodically based on usage, Customer must immediately pay for unpaid usage as of the termination date.
(3) If Microsoft is in breach, Customer will receive a credit for any subscription fees, including amounts paid in advance for unused consumption for any usage period after the termination date.
d. Suspension. Microsoft may suspend use of an Online Service without terminating this Agreement during any period of material breach. Microsoft will give Customer notice before suspending an Online Service when reasonable.
e. Termination for regulatory reasons. Microsoft may modify, discontinue, or terminate a Product in any country or jurisdiction where there is any current or future government regulation, obligation, or other requirement, that (1) is not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to continue offering the Product without modification; or (3) causes Microsoft to believe these terms or the Product may conflict with any such regulation, obligation, or requirement. If Microsoft terminates a subscription for regulatory reasons, Customer will receive, as its sole remedy, a credit for any subscription fees, including amounts paid in advance for unused consumption for any usage period after the termination date.
Miscellaneous.
a. Independent contractors. The parties are independent contractors. Customer and Microsoft each may develop products independently without using the other’s Confidential Information.
Packet Page #109 Quote #235313 v2 Page: 5 of 9 b. Agreement not exclusive. Customer is free to enter into agreements to license, use, and promote the products and services of others.
c. Amendments. Microsoft may modify this Agreement from time to time. Changes to the Use Rights will apply as provided in this Agreement. Changes to other terms will not apply until Customer accepts them. Microsoft may require Customer to accept revised or additional terms before processing a new order. Any additional or conflicting terms and conditions contained in a purchase order or otherwise presented by Customer are expressly rejected and will not apply.
d. Assignment. Either party may assign this Agreement to an Affiliate, but it must notify the other party in writing of the assignment. Customer consents to the assignment to an Affiliate or third party, without prior notice, of any rights Microsoft may have under this Agreement to receive payment and enforce Customer's payment obligations, and all assignees may further assign such rights without further consent. Any other proposed assignment of this Agreement must be approved by the non- assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned Agreement. Any attempted assignment without required approval will be void.
e. U.S. export. Products are subject to U.S. export jurisdiction. Customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies.
f. Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
g. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
h. No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms.
i. Survival. All provisions survive termination of this Agreement except those requiring performance only during the term of the Agreement.
j. Notices. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Microsoft must be sent to the following address:
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
Notices to Customer will be sent to the individual at the address Customer identifies on its account as its contact for notices. Microsoft may send notices and other information to Customer by email or other electronic form.
k. Applicable law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement.
l. Dispute resolution. When bringing any action arising under this Agreement, the parties agree to the following exclusive venues:
(1) If Microsoft brings the action, the venue will be where Customer has its headquarters.
(2) If Customer brings the action against Microsoft or any Microsoft Affiliate located outside of Europe, the venue will be the state or federal courts in King County, State of Washington, USA.
(3) If Customer brings the action against Microsoft or any Microsoft Affiliate located in Europe, and not also against Microsoft or a Microsoft Affiliate located outside of Europe, the venue will be the Republic of Ireland.
The parties consent to personal jurisdiction in the agreed venue. This choice of venue does not prevent either party from seeking injunctive relief in any jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations.
m. Order of precedence. These General Terms will take precedence over any conflicting terms in other documents that are part of this Agreement that are not expressly resolved in those documents, except that conflicting terms in the Use Rights take precedence over these General Terms as to the applicable Products. Terms in the Online Services Terms take precedence over conflicting terms in the Product Terms. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter.
n. Microsoft Affiliates and contractors. Microsoft may perform its obligations under this Agreement through its Affiliates and use contractors to provide certain services. Microsoft remains responsible for their performance.
o. Government procurement rules. By accepting this agreement, Customer represents and warrants that (i) it has complied and will comply with all applicable government procurement laws and regulations; (ii) it is authorized to enter into this Agreement; and (iii) this Agreement satisfies all applicable procurement requirements.
Definitions.
“Administrator Data” means the information provided to Microsoft or its Affiliates during sign-up, purchase, or administration of Products.
“Affiliate” means any legal entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of more than a 50% interest of voting securities in an entity or the power to direct the management and policies of an entity.
“Confidential Information” is defined in the “Confidentiality” section.
“Customer” means the entity identified as such on the account associated with this Agreement.
“Customer Data” means all data, including all text, sound, software, image or video files that are provided to Microsoft or its Affiliates by, or on behalf of, Customer and Packet Page #110 Quote #235313 v2 Page: 6 of 9 its Affiliates through use of Online Services.
“End User” means any person Customer permits to use a Product or access Customer Data. “Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
“Microsoft” means Microsoft Corporation.
“Non-Microsoft Product” means any third-party-branded software, data, service, website or product, unless incorporated by Microsoft in a Product.
“Online Services” means Microsoft-hosted services to which Customer subscribes under this Agreement. It does not include software and services provided under separate license terms.
“Online Services Terms” means the additional terms that apply to Customer’s use of Online Services published on the Licensing Site and updated from time to time.
“Partner” means a company Microsoft has authorized to distribute Products to Customer.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Product” means all Software and Online Services identified in the Product Terms that Microsoft offers under this Agreement, including previews, prerelease versions, updates, patches and bug fixes from Microsoft. Product availability may vary by region. “Product” does not include Non-Microsoft Products.
“Product Terms” means the document that provides information about Products available under this Agreement. The Product Terms document is published on the Licensing Site and is updated from time to time.
“Publisher” means a provider of a Non-Microsoft Product.
“Representatives” means a party’s employees, Affiliates, contractors, advisors and consultants.
“SLA” means Service Level Agreement, which specifies the minimum service level for the Online Services and is published on the Licensing Site.
“Software” means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services, but Software may be part of an Online Service.
“use” means to copy, download, install, run, access, display, use or otherwise interact with.
“Use Rights” means the license terms and terms of service for each Product published on the Licensing Site and updated from time to time. The Use Rights supersede the terms of any end user license agreement that accompanies a Product. License terms for all Products are published in the Product Terms. Terms of service for Online Services are published in the Online Services Terms.
HTG Standard Terms & Conditions
STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., (“Heartland” or “Seller”),with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (“Buyer”) who purchases products and/or services from Heartland.
1. ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland. 2. PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of HBSFLEX Agreement invoices. HBSFLEX Agreement invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3. FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4. SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5. WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6. PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this Agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid HBSFLEX Agreement purchased by the Buyer, at the rates set forth in the most current version of the HBSFLEX Volume Service Schedule, as updated from time to time, or may be billed out to the Buyer at the then-prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a HBSFLEX Agreement or billed out at an hourly rate, all terms of this Agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. HBSFLEX Packet Page #111 Quote #235313 v2 Page: 7 of 9 Agreements may not be used to purchase products, and each HBSFLEX Agreement shall automatically expire eighteen months after the date of invoice for that HBSFLEX Agreement. 1. Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, whichever applies. 2. HBSFLEX Agreements. Buyer may choose to purchase a pre-paid HBSFLEX Agreement from Seller. When a HBSFLEX Agreement is purchased, labor and travel charges incurred will be applied against the HBSFLEX Agreement. Buyer will receive informational invoices detailing the services as they are provided. 1. When a pre-paid HBSFLEX Agreement is exhausted an additional HBSFLEX Agreement may be purchased. If an additional HBSFLEX Agreement is not purchased, then services will be billed out at the then-prevailing hourly rate. 2. Either party may terminate a pre-paid HBSFLEX Agreement by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this Agreement is terminated before the HBSFLEX Agreement is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 3. Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a HBSFLEX Agreement then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. 7. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8. FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9. ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10. EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11. BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this Agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12. BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13. BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14. NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that Heartland may bring an action for injunctive relief and/or actual damages to enforce this provision. 15. SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16. EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17. ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. All data and intellectual property provided by Seller in connection with this Agreement shall belong to Seller (“Heartland Materials”). Seller shall retain all rights and interests in and to the Heartland Materials after the completion of this Agreement. 18. CLOUD SERVICES. Buyer agrees and acknowledges that in order to provide a high level of service, Seller may store Buyer’s information in the public cloud. This information may include but is not limited to drawings, pictures, equipment layouts, passwords, backups, or configuration files. Buyer agrees and acknowledges that the cloud is a separate and independent network, which is not controlled by Seller, and that Seller shall have no liability whatsoever, under any circumstances, for any damages arising out of or relating to the use of the public cloud, including but not limited to the loss of any information. 19. CHOICE OF LAW. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. 20. ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this Agreement or in any way related to the transaction that is evidenced by this Agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 21. SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the extent permitted by law. 22. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 23. ADDITIONAL WORK. In the event that Seller agrees to provide additional products or service not specifically covered by this Agreement, the terms and conditions of this Agreement shall govern, unless otherwise provided in writing. 24. ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, Packet Page #112 Quote #235313 v2 Page: 8 of 9 addition, or amendment shall be binding unless in writing and signed by both parties.
Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland.
STC.2020.v1.0
Packet Page #113 Quote #235313 v2 Page: 9 of 9 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19th, 2020 Subject: Next-Gen Endpoint Protection Solution Staff Contact: Nick Kace, Director of IT Department: Administration
TITLE: A Resolution Approving a Contract Awarded to Heartland Business Systems for a Next-Gen Endpoint Protection Solution
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 6/1
Below you will find 3 competitive quotes received along with the lowest cost option selected:
Heartland Business Systems - $19,146.30 CDWG - $23,322.10 ACP - $22,898.70
RECOMMENDATION: Upgrade the City’s aging IT infrastructure and software using CARES Act Funding to further secure its networks, improve remote and onsite work capabilities, protect its data, and add additional functionality to its users by approving a Next-Gen Endpoint Protection (anti-malware) Solution in the amount of $19,146.30 (Yearly Service Subscription with Auto Renewal)
BACKGROUND: It is important to note that each of these projects will have to be completed within the next two years. The City is deficient in all areas identified in this memo. Due to the implementation of ERP, many of these projects would have already been completed, but were put on hold. The availability of CARES act funding has moved these projects
Packet Page #114 up on the timeline. The intention is to complete these IT projects in-house without much vendor support or interaction, however, if need be, there are funds in the IT Professional Services budget for assistance.
Managed Next-Gen Endpoint Protection Upgrade To further protect the City from malicious actors, a new endpoint protection solution is also needed. The City’s current solution, while functional, is extremely hard to manage and very “noisy” resulting in numerous (sometimes hundreds) false positives consuming significant staff resources and creating potential issues surrounding the protection of our endpoints. Support for the solution was found to be scarce, and any additional support or services would require additional expenditure.
ANALYSIS:
Managed Next-Gen Endpoint Protection Upgrade With malicious attacks targeted at government entities becoming significantly more frequent, a new next gen endpoint protection solution is needed. The solution is also a fully managed cloud solution, providing 24/7 protection to all City computers and servers. Because the solution is managed, any attack involving software or code on the City’s endpoints would be noticed and immediately mitigated by the vendor. This solution would significantly reduce staff time analyzing each potential threat and would be significantly more cost effective than hiring internal security staff, with the same result. Furthermore, the solution places the onus for protection and all related mitigation on the vendor. The anti-threat system would also connect to the City’s new firewall, enabling automated sandboxing of infected machines, further preventing malicious spread. The cost of this upgrade included in the above total is $19,146.30.
DOCUMENTS ATTACHED • Resolution • HBS Next-Gen Endpoint Protection
Packet Page #115 RESOLUTION NO. R-20-87
A RESOLUTION APPROVING A CONTRACT AWARDED TO HEARTLAND BUSINESS SYSTEMS FOR A NEXT-GEN ENDPOINT PROTECTION SOLUTION
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks Heartland Business Systems for Forti EDR Next-Gen Endpoint Protection Solution; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services to Heartland Business Systems, the Mayor and the City Council find Heartland Business Systems is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #116 PASSED this 19th day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19th day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #117 CoWD Fortinet EDR Protection Quote #234327 v1
Prepared For: Prepared By: Date Issued: City of Wood Dale Chicago Illinois Office 10.20.2020 Nick Kace Mike Carroll 404 N. Wood Dale Road 5400 Patton Drive Suite 4B Expires: Wood Dale, IL 60191 Lisle, IL 60532 12.01.2020
P: (630) 787-3710 P: 608-444-7994 E: [email protected] E: [email protected]
Fortinet EDR Protection Price Qty Ext. Price FC1-10-FEDR0- FortiEDR Predict-Protect-and-Managed-Response subscription with Complete $1,826.39 10 $18,263.90 349-01-12 7x24x365 Managed Detection and Response service (minimum 500) 1 Year FortiEDR Predict-Protect-and-Response subscription for 25 assets with 7x24x365 Complete Managed Detection an
FC1-15-EMS01- FortiClient Security Fabric Agent 1 Year Security Fabric Agent license $88.24 10 $882.40 297-01-12 subscription for 25 endpoints. Includes Fabric Agent, Anti-Malware, Remote Access, Web Filter, Vulnerability Scan, Software Inventory, Application Firewall, Application Control, S
Subtotal $19,146.30
Quote Summary Amount Fortinet EDR Protection $19,146.30 Total: $19,146.30
This quote may not include applicable sales tax, shipping, handling and/or delivery charges. Final applicable sales tax, shipping, handling and/or delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 15% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns are accepted by HBS without prior written approval. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2018.v2.0 or later, or the parties have executed a current master services agreement, the signed agreement shall supersede the version on the website. QT.2020.v1.0
Acceptance Chicago Illinois Office City of Wood Dale
Mike Carroll Signature / Name Signature / Name Initials 10/20/2020 Date Date
Packet Page #118 Quote #234327 v1 Page: 1 of 3 HTG Standard Terms & Conditions
STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., (“Heartland” or “Seller”),with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (“Buyer”) who purchases products and/or services from Heartland.
1. ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland. 2. PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of HBSFLEX Agreement invoices. HBSFLEX Agreement invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3. FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4. SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5. WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6. PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this Agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid HBSFLEX Agreement purchased by the Buyer, at the rates set forth in the most current version of the HBSFLEX Volume Service Schedule, as updated from time to time, or may be billed out to the Buyer at the then-prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a HBSFLEX Agreement or billed out at an hourly rate, all terms of this Agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. HBSFLEX Agreements may not be used to purchase products, and each HBSFLEX Agreement shall automatically expire eighteen months after the date of invoice for that HBSFLEX Agreement. 1. Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a HBSFLEX Agreement or billed out at the then-prevailing hourly rate, whichever applies. 2. HBSFLEX Agreements. Buyer may choose to purchase a pre-paid HBSFLEX Agreement from Seller. When a HBSFLEX Agreement is purchased, labor and travel charges incurred will be applied against the HBSFLEX Agreement. Buyer will receive informational invoices detailing the services as they are provided. 1. When a pre-paid HBSFLEX Agreement is exhausted an additional HBSFLEX Agreement may be purchased. If an additional HBSFLEX Agreement is not purchased, then services will be billed out at the then-prevailing hourly rate. 2. Either party may terminate a pre-paid HBSFLEX Agreement by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this Agreement is terminated before the HBSFLEX Agreement is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 3. Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a HBSFLEX Agreement then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. 7. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8. FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9. ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10. EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11. BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this Agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12. BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13. BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14. NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or Packet Page #119 Quote #234327 v1 Page: 2 of 3 indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that Heartland may bring an action for injunctive relief and/or actual damages to enforce this provision. 15. SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16. EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s sole and exclusive liability to Buyer for any breach of this Agreement, or breach of any warranty, express or implied, found to have been made in connection with this Agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17. ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. All data and intellectual property provided by Seller in connection with this Agreement shall belong to Seller (“Heartland Materials”). Seller shall retain all rights and interests in and to the Heartland Materials after the completion of this Agreement. 18. CLOUD SERVICES. Buyer agrees and acknowledges that in order to provide a high level of service, Seller may store Buyer’s information in the public cloud. This information may include but is not limited to drawings, pictures, equipment layouts, passwords, backups, or configuration files. Buyer agrees and acknowledges that the cloud is a separate and independent network, which is not controlled by Seller, and that Seller shall have no liability whatsoever, under any circumstances, for any damages arising out of or relating to the use of the public cloud, including but not limited to the loss of any information. 19. CHOICE OF LAW. This Agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin. 20. ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this Agreement or in any way related to the transaction that is evidenced by this Agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 21. SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect to the extent permitted by law. 22. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 23. ADDITIONAL WORK. In the event that Seller agrees to provide additional products or service not specifically covered by this Agreement, the terms and conditions of this Agreement shall govern, unless otherwise provided in writing. 24. ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties.
Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland.
STC.2020.v1.0
Packet Page #120 Quote #234327 v1 Page: 3 of 3 REQUEST FOR COUNCIL ACTION
Referred to Committee: November 19th, 2020 Subject: Cloud Backup Storage Solution Staff Contact: Nick Kace, Director of IT Department: Administration
TITLE: A Resolution Approving a Contract Awarded to ThinkGuard for IT’s DataGuard Cloud Backup Storage Solution
COMMITTEE ACTION FOLLOW-UP ITEMS: Committee Vote – 6/1
ThinkGuard’s Cloud Backup Storage Solution is sole source and only available direct from the vendor.
RECOMMENDATION: Upgrade the City’s aging IT infrastructure and software using CARES Act Funding to further secure its networks, improve remote and onsite work capabilities, protect its data, and add additional functionality to its users by approving a Cloud Backup Storage Solution in the amount of $24,118.48. ($18,762.48 Per Year, with automatic annual renewal, and an Initial Hardware Purchase of $5,356.00)
BACKGROUND: It is important to note that each of these projects will have to be completed within the next two years. The City is deficient in all areas identified in this memo. Due to the implementation of ERP, many of these projects would have already been completed, but were put on hold. The availability of CARES act funding has moved these projects up on the timeline. The intention is to complete these IT projects in-house without much vendor support or interaction, however, if need be, there are funds in the IT Professional Services budget for assistance.
Managed Cloud Backup Storage With the improvement of our switching and internet infrastructure, a remote cloud service to store the City’s backups is also needed. The City is currently backing up data
Packet Page #121 daily to an on-site appliance, then archiving said backup data to additional local drives which need to be swapped out weekly and stored offsite. While this has proven effective in the past, with the consistent increase in the amount of data the City manages and retains, it has become a less secure and outdated solution which leaves room for loss of data in the event of a catastrophe.
ANALYSIS:
Managed Cloud Backup Storage Multiple off-site cloud backup solutions have considered, including our current backup solution vendor. It has been found that moving to a hybrid on-site and cloud backup solution will further protect the City from attack and physical loss. This solution will immediately and consistently store any backups created offsite. This would be a significant improvement over our current solution, which only allows offsite backups weekly that have to be manually moved to a secure location offsite. Most importantly, the solution is fully managed, providing regular testing of all City backups, as well as design of a custom disaster recovery plan, problem resolution, and restoration support for any event. The cost of this upgrade included in the above total is $18,762.48 per year for services, with an initial hardware purchase of $5,356.00 totaling $24,118.48. For comparison purposes, this service would be similar to our cell phone bill, in which we pay monthly as used, however for ease of management we would pay yearly, with an auto renewing term of 1 year.
DOCUMENTS ATTACHED • Resolution • ThinkGuard Cloud Backup Solution Quote
Packet Page #122 RESOLUTION NO. R-20-88
A RESOLUTION APPROVING A CONTRACT AWARDED TO THINKGUARD FOR IT’s DATAGUARD CLOUD BACKUP STORAGE SOLUTION
WHEREAS, the City of Wood Dale (hereinafter referred to as the “City”) is a duly organized and existing body politic and corporate governed by the provisions of the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., and its own duly adopted Municipal Code; and
WHEREAS, the City is authorized and empowered under the Illinois Municipal Code, and its Ordinances adopted pursuant thereto, to enter into agreements and to contract for goods and services; and
WHEREAS, the Mayor and the City Council of the City seek to ensure that the City is run effectively and efficiently; and
WHEREAS, the Mayor and the City Council of the City, seeks ThinkGuard for the DataGuard Cloud Backup Storage Solution; and
WHEREAS, these services are necessary to maintain and promote an effective and efficient City Government; and
WHEREAS, after diligent review of the qualifications and services o ThinkGuard, the Mayor and the City Council find Thinkguard is the most qualified firm to perform the duties sought by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WOOD DALE, DUPAGE COUNTY, AN ILLINOIS CORPORATION, as follows:
SECTION 1: The recitals set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor is authorized to execute said Agreement on behalf of the City of Wood Dale, which signature shall be attested to by the City Clerk.
SECTION 3: The City Manager, staff and/or the City Attorney shall take the steps necessary to put the terms and conditions of the Agreement into effect.
SECTION 4: That all ordinances and resolutions, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
SECTION 5: That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law.
Packet Page #123 PASSED this 19 day of November, 2020.
AYES: ______
NAYS: ______
ABSENT: ______
APPROVED this 19 day of November, 2020.
SIGNED: ______Annunziato Pulice, Mayor
ATTEST: ______Lynn Curiale, City Clerk
Packet Page #124 City of Wood Dale IL - 6TB
City of Wood Dale IL Nick Kace Reference: 20201105-112636556 404 N Wood Dale Rd Information Technology Director Prepared: November 5, 2020 Wood Dale, IL 60191 [email protected] Expires: February 3, 2021 United States (630)-335-9881 Prepared by: Nolan Griffin Sales Executive [email protected]
Comments from Nolan Griffin
This proposal is for the City of Wood Dale, IL for ThinkGard's DataGard solution.
Products & Services
Item & Description Quantity Unit Price Total
S4-E6 1 $5,356.00 $5,356.00 6TB Enterprise Appliance
- CPU: 2x Xeon - RAM: 64GB - Array: RAID 6 - NICs: 2x10GbE - OS Drive: 240GB SSD . - Transfer Drive: 1x1TB - Chassis: 2U
DataGard TBR - E6 1 $1,563.54 / month $1,563.54 / month Enterprise DataGard - 6TB Monthly Services
Services Included in Monthly Rate
* 1 Year Time Based Retention (TBR) * Local Backups - (1 hour – 24 hours) * Backup replication - 2 bicoastal sites * Support to keep backups running * Assist in file and server recovery * On Call Troubling Shooting Service * Full technical DR documentation * Annual cloud test * 30 days of off-site virtualization after which a fee of $200.00 per 24 hours will apply. Packet Page #125 Implementation Services - Enterprise 1 $999.00 $0.00 Implementation Services - Enterprise (one-time after $999.00 discount fee). ThinkGard has elected to discount this cost.
Subtotals
Monthly subtotal $1,563.54
One-time subtotal $5,356.00 after $999.00 discount
Total $6,919.54
Purchase Terms
Terms & Conditions By signing this Quote/Proposal, you are agreeing to the terms and conditions for the DataGard 1-Year Agreement Here. You will be able to download a printable copy of the terms.
[ sig|req|signer1 ]
Nick Kace [email protected]
[ sig|req|signer2 ]
Paul Franks [email protected]
Questions? Contact me
Nolan Griffin Sales Executive [email protected]
Packet Page #126 ThinkGard LLC 160 Yeager Pkwy, Suite 200 Pelham, AL 35124 United States
Packet Page #127 REQUEST FOR COUNCIL ACTION
Referred to Council: November 19, 2020 Subject: List of Bills Staff Contact: Brad Wilson, Finance Director Department: Finance
TITLE: List of Bills – 11/19/2020
RECOMMENDATION: 11/19/2020 City Council meeting in the amount of $2,004,733,47.
BACKGROUND: Fund Amount
General Fund $ 288,190.13 Road & Bridge Fund $ 8,905.87 Motor Fuel Tax Fund $ 8,193.78 Tourism Fund $ 4,850.00 Narcotics Fund $ 81.98 TIF District #1 $ - TIF District #2 $ - Capital Projects Fund $ 244,115.00 Land Acquisition Fund $ - Commuter Parking Lot Fund $ 5,777.61 Sanitation Fund $ 5,029.77 Water & Sewer Fund $ 1,376,722.27 CERF $ 62,867.06 Special Service Area Fund $ -
Total of all Funds $ 2,004,733.47
Total Number of Checks: 110
Packet Page #128 Purchases are made in accordance with the City’s purchasing policies and procedures manual.
Items of interest:
City Sourced ($3,600.00) – City phone App. Once ERP is fully live, this will go away.
Huff & Huff ($255.00) – Squaw Creek scientist.
Unique Concrete ($9,915.00) – Work completed at 13 different locations in the City.
Vehicle Purchases:
There is 1 vehicle purchases on this list of bills to Currie Motors for PD Admin vehicle.
Committee date: February 13, 2020 Council date: February 20, 2020
DOCUMENTS ATTACHED List of Bills
Packet Page #129 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12126 ABC Humane Wildlife Control & Traps Set 320279 10/19/2020 10024041 42048 PD Animal Control 65.00 Prevention 65.00
12127 Al Warren Oil Co Inc 872.9 Gals of Unleaded Gas 1,500.07 W1347295 10/30/2020 10 13001 GF Gasoline Inventory 501.6 Gals of Unleaded Gas 845.84 W1344633 10/20/2020 10 13001 GF Gasoline Inventory 760.9 Gals of Unleaded Gas 1,306.84 W1345946 10/26/2020 10 13001 GF Gasoline Inventory 3,652.75
12128 Allscape Inc. Landscape Maintenance 1,050.00 20-0409 10/25/2020 10035052 42106 Streets Landscaping - City Property 1,050.00
12129 American Backflow Prevention, Inc. Backflow Inspection- 412 W Park 465.95 28661 10/14/2020 63005081 44099 Utilities Other Parts And Materials 465.95
12130 Ampol Group International Drywall Installation- City Hall 101020 10/13/2020 10012061 42011 CS Maintenance - 2,100.00 Building/Grounds 2,100.00
12131 Anderson Pest Control Termite Monitoring Baiting Service 6463036 10/30/2020 10012061 42011 CS Maintenance - 400.00 Building/Grounds 400.00
12132 Anthony Banks UB Refunds- 137 Bristol Lane Unit 2, 19567 19567 11/6/2020 63 14063 Water Water/Sewer Accts Receivable 67.50
UB Refunds- 137 Bristol Lane Unit 2, 19567 16.88 19567 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 84.38
12133 Art Woods FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12134 Azavar Audit Solutions Contingency Payment- Comcast Audit 292.55 151668 11/1/2020 10011015 42001 IT Telephone/Alarm Line Contingency Payment- Nicor Audit 28.46 151667 11/1/2020 50010000 42034 CIP Professional Services Contingency Payment- ComEd Audit 119.39 151666 11/1/2020 10016000 44051 CS Electric Utilities 440.40
12135 Baxter and Woodman Inc FY21/22 Road Project 2,375.83 0217346 10/23/2020 50030000 46031 CIP Street Improvement Program 2,375.83
Packet Page #130 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12136 Beth Houlihan UB Refunds- 189 Oakwood Dr, 19590 150.00 19590 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 189 Oakwood Dr, 19590 19590 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -24.56
UB Refunds- 189 Oakwood Dr, 19590 -5.71 19590 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 119.73
12137 Call One Phone Alarm Services-PD,CS,W/WW 265.67 342518 11/12/2020 10024041 42001 PD Telephone/Alarm Line Phone Alarm Services-PD,CS,W/WW 209.49 342518 11/12/2020 10011015 42001 IT Telephone/Alarm Line Phone Alarm Services-PD,CS,W/WW 231.31 342518 11/12/2020 63005082 42001 Sewer Telephone/Alarm Line 706.47
12138 Catalano FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12139 Chiappetta CDC Minutes- 10/19/20 180.00 2020-5 11/3/2020 10012021 42086 CD Publish Legal Notice 180.00
12140 Chicago Metropolitan Agency for FY2021 Local Contribution FY2021-278 11/12/2020 10011011 42092 Admin Dues And Subscriptions - 522.11 Planning Legis 522.11
12141 Christopher Burke Engineering Ltd Everstream- Irving Park Rd 161.00 161710 11/4/2020 10015051 42050 PW Admin Engineering Services 117 N Elmwood 161.00 161716 11/4/2020 10015051 42050 PW Admin Engineering Services 770 Edgewood 120.75 161715 11/4/2020 10015051 42050 PW Admin Engineering Services 989 AEC Drive 161.00 161714 11/4/2020 10015051 42050 PW Admin Engineering Services REF 5610 Oak Meadows Dr 161.00 161713 11/4/2020 10015051 42050 PW Admin Engineering Services Everstream 161.00 161712 11/4/2020 10015051 42050 PW Admin Engineering Services 901-929 AEC Dr 161.00 161711 11/4/2020 10015051 42050 PW Admin Engineering Services 20200592, City Hall Parking Enclosure 1,596.75 161705 11/4/2020 10 22001 GF Escrow Account CDC-2020-05, 372 Parkview Station 190.00 161708 11/4/2020 10 22001 GF Escrow Account Bryn Mawr Reconstruction 5,495.50 161707 11/4/2020 10012021 42034 CD Professional Services Traffic Warrant Study 2,808.11 161709 11/4/2020 10012021 42034 CD Professional Services On-Call Engineering Services 1,454.00 161688 11/4/2020 10012021 42034 CD Professional Services 20200476, 1051 N Prospect Ave B 436.00 161700 11/4/2020 10 22001 GF Escrow Account 20200486, 712 N Central 559.88 161701 11/4/2020 10 22001 GF Escrow Account 20200400, 376 Crestwood 365.00 161702 11/4/2020 10 22001 GF Escrow Account 20200580, 123 Wood Dale Rd 458.76 161703 11/4/2020 10 22001 GF Escrow Account
Packet Page #131 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
20200581, 464 Mulberry Lane 456.75 161704 11/4/2020 10 22001 GF Escrow Account 20190052, 330-342 W Irving Park Rd 402.25 161689 11/4/2020 10 22001 GF Escrow Account 20180668, 456 Edgewood 109.00 161693 11/4/2020 10 22001 GF Escrow Account 20130500, 276 E Irving Park Rd- Memory Care 275.00 161687 11/4/2020 10 22001 GF Escrow Account 20190003, 332 E Beinoris 109.00 161694 11/4/2020 10 22001 GF Escrow Account 20190778, 278 Cara Lane 223.15 161696 11/4/2020 10 22001 GF Escrow Account 20200353, 389 N Maple 320.25 161698 11/4/2020 10 22001 GF Escrow Account 20200420, 460 Dunlay 327.00 161699 11/4/2020 10 22001 GF Escrow Account 20200046, White Oaks Park 3,623.16 161697 11/4/2020 10 22001 GF Escrow Account 20200023, 800 N Route 83 2,428.69 161706 11/4/2020 10 22001 GF Escrow Account 20180546, 331 Oak Ave 109.00 161690 11/4/2020 10 22001 GF Escrow Account 20180670, 170 Pine Lane 109.00 161691 11/4/2020 10 22001 GF Escrow Account 20180715, 124 Walnut 109.00 161692 11/4/2020 10 22001 GF Escrow Account 20190508, Oakbrook Elementary 327.00 161695 11/4/2020 10 22001 GF Escrow Account 20200682, 277 S Cedar 272.50 161601 10/30/2020 10 22001 GF Escrow Account 23,651.50
12142 Cirincione Plumbing Plan Reviews/Inspections- Oct 2020 1,525.00 103120 10/31/2020 10012021 42034 CD Professional Services 1,525.00
12143 CitySourced, Inc. Annual Maintenance for OneView Enterprise CS-00151SI 10/12/2020 10011015 42105 IT IT - Software Licenses & M/As 3,600.00 Platform 3,600.00
12144 Commercial Tire Service 4 Tires 505.52 1110134617 11/5/2020 10 13002 GF Vehicle Parts Inventory Police Tires for Inventory 1,125.92 1110134353 10/29/2020 10 13002 GF Vehicle Parts Inventory 1,631.44
12145 Commonwealth Edison 121 E Irving Lights 1,383.46 2720145042nov 10/26/2020 21035059 44051 MFT Electric Utilities Sign Devon Ave 27.89 3683007037nov 10/26/2020 21035059 44051 MFT Electric Utilities SS Irving 386.93 5850739020nov 10/26/2020 60 44051 Metra Electric Utilities 144 Commercial 123.32 6018658025nov 10/26/2020 63005081 44051 Utilities Electric Utilities 372 Wood Dale 535.66 6102069032nov 10/26/2020 21035059 44051 MFT Electric Utilities 948 Edgewood 15.04 1091045118nov 10/26/2020 21035059 44051 MFT Electric Utilities 387 Preserve 84.67 1935098099nov 10/28/2020 63005082 44051 Sewer Electric Utilities 152 Janis 58.53 1977013032nov 10/28/2020 63005081 44051 Utilities Electric Utilities 269 Irving 11.30 3531026055nov 10/22/2020 21035059 44051 MFT Electric Utilities
Packet Page #132 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
411 Irving 43.51 4578064010nov 10/23/2020 21035059 44051 MFT Electric Utilities Clock Tower 416.39 2397133276nov 10/26/2020 21035059 44051 MFT Electric Utilities 970 Lively 5.82 1891117124nov 10/26/2020 21035059 44051 MFT Electric Utilities Street Lights 4,654.62 5551084019nov 10/21/2020 21035059 44051 MFT Electric Utilities Street Lights 245.54 2003164030nov 10/27/2020 21035059 44051 MFT Electric Utilities L/S Street Lights 193.84 2811168048nov 10/29/2020 21035059 44051 MFT Electric Utilities WD&Irv Lights 41.53 1615028013nov 10/30/2020 21035059 44051 MFT Electric Utilities 8,228.05
12146 Concentric Integration SCADA Server Upgrade 0217347 10/23/2020 63005081 42021 Utilities Maintenance Equipment 9,828.00 Distribu Cisco Router/Batter Replacement 0217345 10/23/2020 63005081 42021 Utilities Maintenance Equipment 4,423.86 Distribu 14,251.86
12147 Conduent State & Local Solutions Camera Fixed/Pay By Web Monthly- Oct 2020 13,990.00 1584663 11/4/2020 10024041 42093 PD Cops Administration Camera Fixed/Pay By Web Monthly- Oct 2020 487.50 1584663 11/4/2020 10 36130 GF Trax-Guard Enforcement 14,477.50
12148 Constellation New Energy Street Lights 362.90 18651650601 10/28/2020 21035059 44051 MFT Electric Utilities 401 Crestwood Rd 256.28 18651677201 10/28/2020 21035059 44051 MFT Electric Utilities 619.18
12149 Conway Data Inc 1/2 Page in Site Selection 4,500.00 01021198 11/1/2020 22050000 49055 Tourism Economic Development 4,500.00
12150 Currie Motors Corporate Fleet 2021 PD Vehicle 33,909.00 E8356 10/23/2020 70010000 46011 CERF Vehicles - Governmental 33,909.00
12151 David Jaracz UB Refunds- 369 Elmwood Ave, 17963 150.00 17963 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 369 Elmwood Ave, 17963 17963 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -36.39
UB Refunds- 369 Elmwood Ave, 17963 -13.32 17963 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 100.29
12152 Discovery Benefits, Inc COBRA/FSA Monthly- October 2020 150.83 0001241818-IN 10/31/2020 10016000 42034 CS Professional Services 150.83
Packet Page #133 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12153 Domenico LaCamera UB Refunds- 140 Elmwood Ave, 7250 7250 11/6/2020 63 14063 Water Water/Sewer Accts Receivable 4.44
UB Refunds- 140 Elmwood Ave, 7250 1.11 7250 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 5.55
12154 DuPage Optical 1 PD Eye Exam 254.00 56988 10/16/2020 10024047 49044 PD Brd Testing Program 254.00
12155 DuPage Water Commission City Water Purchase- Oct 2020 160,789.44 01-2300-00oct 10/31/2020 63005081 44053 Utilities DPWC Water Purchase 160,789.44
12156 Dynegy Energy Services Wastewater/Water Dept Electric Services- Oct 274486820101 10/28/2020 63005081 44051 Utilities Electric Utilities 2020 3,828.80 Wastewater/Water Dept Electric Services- Oct 274486820101 10/28/2020 63005082 44051 Sewer Electric Utilities 2020 13,643.74 17,472.54
12157 EBM, Inc Metra Window Cleaning- September 2020 140.00 105328 9/30/2020 60 42034 Metra Professional Services City Janitorial Services- September 2020 105217 9/15/2020 10012061 42011 CS Maintenance - 5,271.48 Building/Grounds Janitorial Services- Metra- September 2020 1,455.34 105218 9/15/2020 60 42034 Metra Professional Services Metra Window Cleaning- July 2020 140.00 104866 7/31/2020 60 42034 Metra Professional Services Metra Window Cleaning- August 2020 140.00 105118 8/31/2020 60 42034 Metra Professional Services Metra Window Cleaning- Oct 2020 140.00 105543 10/31/2020 60 42034 Metra Professional Services Janitorial Services- Metra- Oct 2020 1,455.34 105433 10/15/2020 60 42034 Metra Professional Services City Janitorial Services- Oct 2020 105432 10/15/2020 10012061 42011 CS Maintenance - 4,796.56 Building/Grounds City Janitorial Services- Oct 2020 105432 10/15/2020 63005081 42011 Utilities Maintenance - 212.41 Building/Grounds City Janitorial Services- Oct 2020 105432 10/15/2020 63005082 42011 Sewer Maintenance - 262.51 Building/Grounds 14,013.64
Packet Page #134 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12158 EGM, Inc. Semi Annual HVAC Maintenance M2816 10/15/2020 10015051 42011 PW Admin Maintenance - 817.00 Building/Grounds Installation of new heat exchanger- PW 2152 10/13/2020 10015051 42011 PW Admin Maintenance - 2,734.00 Building/Grounds Installation of new heat exchanger- North Plant 2151 10/13/2020 63005082 42011 Sewer Maintenance - 3,039.00 Building/Grounds ICE MUA Repair at 269 IP Rd 22765 10/7/2020 10015051 42011 PW Admin Maintenance - 1,100.00 Building/Grounds Semi Annual HVAC Maintenance M2786 10/7/2020 63005082 42011 Sewer Maintenance - 1,880.16 Building/Grounds 9,570.16
12159 Fermin Perez UB Refunds- 261 Greene Ct, 20702 20702 11/6/2020 63 14063 Water Water/Sewer Accts Receivable 137.50
137.50
12160 FGM Architects PD Covered Parking and Acoustical Sound Wall 20-2994.01-2 10/19/2020 50020000 46039 CIP Police Department 27,701.72 Improvements 27,701.72
12161 Forest Awards & Engraving 11 Commission Plates for CD 213.45 10825 10/28/2020 10012021 42086 CD Publish Legal Notice 213.45
12162 Fountain Pros, LLC Fall Fountain Winterization 1,955.00 1117 10/19/2020 50010000 46056 CIP Strategic Plan 1,955.00
12163 Fulton Siren Services Monitoring Outdoor Siren System- 11/20-10/21 397.35 1842 11/2/2020 10024041 44028 PD Emergency Services 397.35
12164 Galls Uniform Allowance 188.49 016644836 10/6/2020 10024041 44028 PD Emergency Services 188.49
12165 Globe Construction, Inc. FY21 Sidewalk Replacement Program 21,342.00 2068 9/24/2020 10035052 42060 Streets Sidewalk Maintenance 21,342.00
12166 Grace Masonry, Ltd. Supplying/Installing New Sign at the Clock Tower 20200043 10/28/2020 50010000 46056 CIP Strategic Plan 24,250.00
24,250.00
Packet Page #135 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12167 Hahn and Associates Ltd Social Services Program- November 2020 1,185.00 110120 11/1/2020 10024041 42037 PD Township Social Services 1,185.00
12168 Healy Asphalt Company LLC 1.24 Tons of UPM Cold Mix 173.60 25861 10/29/2020 20035058 42084 RB Road Resurfacing/Repairs 173.60
12169 Herbalife UB Refunds- 335 Wood Dale Rd, 20362 150.00 20362 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 335 Wood Dale Rd, 20362 20362 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -5.04
144.96
12170 HR Green Elgin O'Hare 2,761.00 139082 11/4/2020 50010000 46063 CIP Elgin O'Hare Project Elgin O'Hare 147.00 136354 7/7/2020 50010000 46063 CIP Elgin O'Hare Project 2,908.00
12171 Huff & Huff, Inc Squaw Creek MM&M 255.00 0803952 10/30/2020 50010000 46034 CIP Storm Sewer 255.00
12172 IL Assn of Wastewater Agencies Agency Member Dues 980.00 5035 9/22/2020 63005082 42090 Sewer Dues And Subscriptions 980.00
12173 IL Dept of Employment Security Unemployment- Q3 0800634 11/6/2020 10011014 42097 HR Unemployment Compensation 3,872.00
3,872.00
12174 IL L.E.A.P. Annual Dues 50.00 1 11/6/2020 10024041 42090 PD Dues And Subscriptions 50.00
12175 Illinois Environmental Protect Principal/Interest Payment-IEPA FY21 494,443.53 L17-2322-11 11/3/2020 63005082 45269 Sewer Principal - 2012 A/IEPA Principal/Interest Payment-IEPA FY21 165,098.06 L17-2322-11 11/3/2020 63005082 47269 Sewer Interest - 2012 A/IEPA 659,541.59
12176 Illinois Fire & Police Commiss Member Renewal 375.00 01276 10/3/2020 10024047 42090 PD Brd Dues And Subscriptions 375.00
12177 Illinois Tactical Officers Assoc ITOA Membership Dues 90.00 00052 11/5/2020 10024041 42090 PD Dues And Subscriptions 90.00
Packet Page #136 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12178 International Assoc of Financial IAFCI Annual Dues 3911121 11/3/2020 10024041 42090 PD Dues And Subscriptions 80.00 Crimes Invest. 80.00
12179 InVeris Training Solutions 3 Battery Assy 813.58 INV-0089596 10/19/2020 10024041 44042 PD Ammunition/Gun Range 813.58
12180 IPBC - Intergovernmental Personnel Monthly Insurance Premium- Nov 2020 156,557.28 Nov20 10/30/2020 10011014 42061 HR Health Insurance Monthly Insurance Premium- Nov 2020 12,396.00 Nov20 10/30/2020 63005081 40111 Utilities Health Care Monthly Insurance Premium- Nov 2020 20,799.73 Nov20 10/30/2020 63005082 40111 Sewer Health Care 189,753.01
12181 Itasca Bank & Trust 10/19/20 LOC Interest Payment 12,369.94 106379150 10/19/20 10/19/2020 50010000 46056 CIP Strategic Plan 12,369.94
12182 Jakab FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12183 James Indelicato UB Refunds- 186 S Wood Dale Rd, 5030 50.00 5030 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 186 S Wood Dale Rd, 5030 5030 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -6.04
43.96
12184 Jim Rafferty Santa Claus Payment 250.00 1 11/3/2020 22040000 49036 Tourism Community Events 250.00
12185 Just Safety, Ltd Medical Kit Resupply- PW 62.50 35303 11/4/2020 10015051 44022 PW Admin Safety Equipment Medical Kit Resupply- 269 W IP Rd 70.30 35305 11/4/2020 63005082 44022 Sewer Safety Equipment 132.80
12186 Karl Bauer UB Refunds- 484 Central Ave, 14725 50.00 14725 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 484 Central Ave, 14725 14725 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -4.84
UB Refunds- 484 Central Ave, 14725 -2.85 14725 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 42.31
Packet Page #137 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12187 Keyana Curry UB Refunds- 1513 Bristol Lane Unit 4, 19712 150.00 19712 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 1513 Bristol Lane Unit 4, 19712 19712 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -38.04
111.96
12188 Lakeshore Recycling Systems City Street Sweeping 4,232.99 PS346874 10/31/2020 20035058 42110 RB Street Sweeping City Street Sweeping 4,232.99 PS342767 10/15/2020 20035058 42110 RB Street Sweeping 8,465.98
12189 Latrena Taylor UB Refunds- 131 Bristol Lane Unit 4, 20140 20140 11/6/2020 63 14063 Water Water/Sewer Accts Receivable 152.78
UB Refunds- 131 Bristol Lane Unit 4, 20140 38.20 20140 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 190.98
12190 Lynn Curiale FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12191 M.T. Cases, Inc 3 Police Cruiser Boxes 2,985.00 10442 11/2/2020 70010000 46011 CERF Vehicles - Governmental 2,985.00
12192 Marquardt & Belmonte PC City Prosecutions- Oct 2020 1,080.00 10931 10/31/2020 10011013 42064 Legal Legal - Prosecution Admin Hearings- Oct 2020 270.00 10932 10/31/2020 10024041 42034 PD Professional Services DUI Prosecutions- Oct 2020 2,894.95 10934 10/31/2020 10011013 42064 Legal Legal - Prosecution 4,244.95
12193 Messina FY2021-Q3 Phone Allowance 60.00 FY2020-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12194 Nick & Olivia Walker UB Refunds- 164 Oak Ave, 18092 150.00 18092 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 164 Oak Ave, 18092 18092 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -70.75
79.25
Packet Page #138 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12195 Nicor Gas 269 Irving-A 958.02 21347800001nov 10/28/2020 63005082 44052 Sewer Natural Gas Utilities Royal Oaks 266.29 28882900005nov 10/30/2020 20035058 44052 RB Natural Gas Utilities 256 Mittel 38.77 69653763057nov 10/26/2020 63005082 44052 Sewer Natural Gas Utilities 269 Irving 50.73 44347800003nov 10/26/2020 63005082 44052 Sewer Natural Gas Utilities 180 Brookhurst 67.94 59430900007nov 10/26/2020 63005082 44052 Sewer Natural Gas Utilities 277 Edgebrook 38.79 63335878946nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 331 Edgewood 47.01 77616386478nov 10/26/2020 63005081 44052 Utilities Natural Gas Utilities 144 Commercial 90.01 6863454192nov 10/28/2020 63005081 44052 Utilities Natural Gas Utilities 388 Irving 19.69 46617400000nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 444 Potter 159.38 53400900006nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 429 Knollwood 38.77 99560406466nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 890 Lively 38.77 61032393516nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 475 Arbor 46.40 3000235840nov 10/26/2020 63005081 44052 Utilities Natural Gas Utilities 387 Preserve 46.40 5465097177nov 10/26/2020 63005081 44052 Utilities Natural Gas Utilities 412 Park 78.08 55400900001nov 10/22/2020 63005081 44052 Utilities Natural Gas Utilities 150 Janis 38.77 38546902156nov 10/23/2020 63005081 44052 Utilities Natural Gas Utilities 2,023.82
12196 Nikola Atanassova UB Refunds- 221 Fishing Lane, 5558 50.00 5558 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 221 Fishing Lane, 5558 5558 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -25.01
24.99
12197 North Shore Water Reclamation Biomonitoiring MISC00000120930 10/26/2020 63005082 42003 Sewer Communications 800.00 District 800.00
12198 PACE SUBURBAN BUS City Bus Services 100.00 583188 10/24/2020 22010000 42038 Tourism Public Transportation 100.00
12199 Partners & Paws Veterinary Services PD K9 Medication 82210 10/20/2020 23024046 44049 Narcotics Canine Unit 81.98
81.98
12200 Porch FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
Packet Page #139 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12201 Praveen Chintalapati UB Refunds- 116 Blackhawk Ct Unit 7, 20777 150.00 20777 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 116 Blackhawk Ct Unit 7, 20777 20777 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -26.17
UB Refunds- 116 Blackhawk Ct Unit 7, 20777 -22.83 20777 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 101.00
12202 Premier Design & Build Group UB Refunds- 750 Wood Dale Rd, 20819 150.00 20819 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 750 Wood Dale Rd, 20819 20819 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -26.82
123.18
12203 Pro-Line Door Systems, Inc. Vehicle Maintenance Door Repair 89063 10/28/2020 10015051 42011 PW Admin Maintenance - 2,998.85 Building/Grounds 2,998.85
12204 Public Safety Direct, Inc. PD Vehicle Upgrades 12,736.28 96815 10/19/2020 70010000 46011 CERF Vehicles - Governmental PD Vehicle Upgrades 12,736.28 96751 10/5/2020 70010000 46011 CERF Vehicles - Governmental 25,472.56
12205 Public Surplus 01-1300-50798, October 2020 Auctions 500.50 1178985 10/31/2020 70 39880 Auction Proceeds 01-1300-50798, October 2020 Auctions 1.65 1178985 10/31/2020 10 39880 GF Auction Proceeds 502.15
12206 Pulice FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12207 Ray Grozdic UB Refunds- 360 Elmwood Ave, 20532 150.00 20532 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 360 Elmwood Ave, 20532 20532 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -60.36
UB Refunds- 360 Elmwood Ave, 20532 -55.16 20532 11/6/2020 61 14061 Sanitation Sanitation Accts Receivable 34.48
12208 Ray O'Herron Co Inc Uniform Allowance 257.27 2061744-IN 10/29/2020 10024041 44021 PD Uniforms Uniform Allowance 126.53 2058580-IN 10/16/2020 10024041 44021 PD Uniforms Uniform Allowance 32.95 2058492-IN 10/16/2020 10024041 44021 PD Uniforms Uniform Allowance 220.32 2060945-IN 10/27/2020 10024041 44021 PD Uniforms Uniform Allowance 55.46 2061067-IN 10/27/2020 10024041 44021 PD Uniforms 692.53
Packet Page #140 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12209 Recycling Center Wood Dale Green Fair Costs 5,073.45 2318 9/21/2020 61 49090 Sanitation Clean Air Counts 5,073.45
12210 Robinson Engineering, Ltd Pretreatment Program 9,195.50 20110038 11/5/2020 63005082 42059 Sewer Industrial Pretreatment Pretreatment EPA Audit 307.50 20110037 11/5/2020 63005082 42059 Sewer Industrial Pretreatment Wood Dale Pretreatment Program 6,880.50 20100267 10/20/2020 63005082 42059 Sewer Industrial Pretreatment Pretreatment EPA Audit 213.50 20100266 10/20/2020 63005082 42059 Sewer Industrial Pretreatment Pretreatment Noncompliance 341.50 20100268 10/20/2020 63005082 42059 Sewer Industrial Pretreatment City Hall and PD Parking Lot 2,386.50 20100157 10/16/2020 50010000 46037 CIP City Hall Improvements Wood Dale Continuing Services 199.50 20100156 10/16/2020 50030000 46031 CIP Street Improvement Program Ward 2/3 Storm Water Improvements 21,667.75 20100256 10/19/2020 50010000 46034 CIP Storm Sewer 41,192.25
12211 SAFE built Building Inspections- October 2020 4,429.96 0073050-IN 10/31/2020 10012021 42034 CD Professional Services 4,429.96
12212 Schroeder Asphalt Services, Inc. 2020 Pavement Patching 125,280.00 2020-321 10/27/2020 50030000 46031 CIP Street Improvement Program 125,280.00
12213 Sorrentino FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12214 SOS Technologies 3 Heartstart Smart Pads 183970 10/30/2020 10024041 44015 PD Maintenance - Other 114.11 Equipment 114.11
12215 Superior Ground Service, Inc Maintenance Package- November 2020 1,463.63 3903 11/1/2020 10035052 42046 Streets Forestry Program Maintenance Package- October 2020 1,463.63 3868 10/1/2020 10035052 42046 Streets Forestry Program Brush Collection- October 2020 6,025.00 3890 10/26/2020 10035052 42046 Streets Forestry Program 8,952.26
12216 Susmarski FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12217 Sydney Marasinghe UB Refunds- 110 Morgans Gate, 20833 150.00 20833 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 110 Morgans Gate, 20833 20833 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -0.23
149.77 Packet Page #141 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12218 T-Mobile UB Refunds- 359 Irving Park Rd, 18180 150.00 18180 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 359 Irving Park Rd, 18180 18180 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -21.10
128.90
12219 Tall Oaks of Wood Dale Condo Assoc. Rear Yard Drainage- 210-242 Thomas 1 11/3/2020 50010000 46056 CIP Strategic Plan 1,825.00
1,825.00
12220 Third Millennium Assoc Inc Green Pay Fee- October 2020 757.50 25474 10/31/2020 63005081 42032 Utilities Data Processing Service Utility Billing- October 2020 1,766.91 25445 10/29/2020 63005081 42032 Utilities Data Processing Service
2,524.41
12221 Thomas Engineering Group, LLC Salt Creek Bridge Rehabilitation 10,474.80 20-325 11/6/2020 50030000 46033 CIP Bridge Improvements 10,474.80
12222 Tomasz & Inona Olszewski UB Refunds- 461 Congress Ct, 13990 50.00 13990 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 461 Congress Ct, 13990 13990 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -17.55
32.45
12223 Toscas Law Group Building Code and Ordinance Violations- 10/27/20 1027202 10/28/2020 10012021 42034 CD Professional Services 350.00
Mail-In Railroad Crossing Violations- 10/23/20 175.00 102320 10/26/2020 10024041 42034 PD Professional Services Mail-In Railroad Crossing Violations- 10/16/20 175.00 101620 10/19/2020 10024041 42034 PD Professional Services Mail-In Railroad Crossing Violations- 10/31/20 175.00 103120 11/2/2020 10024041 42034 PD Professional Services Railroad Crossing Violations- 10/27/20 450.00 102720 10/28/2020 10024041 42034 PD Professional Services Tow/Seizure/Truancy Violations- 10/27/20 575.00 1027201 10/28/2020 10024041 42034 PD Professional Services 1,900.00
12224 Total Fire & Safety Inc Annual Fire Extinguisher Inspection 359.50 160434 9/23/2020 63005081 44022 Utilities Safety Equipment 359.50
12225 Total Parking Solutions, Inc. 1 Year monitoring for 2 parking fare terminals 105109 10/27/2020 60 42011 Metra Maintenance - 1,920.00 Building/Grounds 1,920.00
12226 TransUnion Risk Person Search- Oct 2020 64.40 427957-202010-1 11/1/2020 10024041 44039 PD Detective's Expense 64.40
Packet Page #142 List of Bills - November 19, 2020
CHECK VENDOR NAME FULL DESCRIPTION AMOUNT INVOICE DATE ACCOUNT ACCOUNT DESCRIPTION
12227 Tyler Technologies ERP Implementation 8,287.50 045-319742 10/30/2020 50010000 46056 CIP Strategic Plan 8,287.50
12228 Unique Concrete Construction Sidewalks and Curbs- Different Locations 9,915.00 0323 10/30/2020 10035052 42060 Streets Sidewalk Maintenance 9,915.00
12229 V.I.P. Express Car Wash 19 #2 Super Washes- Sept 2020 123.50 141 10/28/2020 10024041 42017 PD Maintenance - Vehicles 123.50
12230 Verizon Wireless Monthly M2M Charges- October 2020 390.72 9865577897 10/23/2020 63005082 42001 Sewer Telephone/Alarm Line 390.72
12231 Wells Fargo Bank, NA Principal/Interest Payment-WODALE212GO 361,515.00 WOD30122020 10/26/2020 63005082 45269 Sewer Principal - 2012 A/IEPA Principal/Interest Payment-WODALE212GO 98,035.00 WOD30122020 10/26/2020 63005082 47269 Sewer Interest - 2012 A/IEPA 459,550.00
12232 Wesley FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12233 Wesley FY2021-Q3 Phone Allowance 60.00 FY2021-Q3 11/1/2020 10011011 42001 Admin Telephone/Alarm Line 60.00
12234 Williams Associates Architects, LTD Public Works Study 0020080 10/22/2020 50010000 46036 CIP PW Building Improvements 2,150.00
2,150.00
12235 Wood Dale Commons, LLC UB Refunds- 317 Irving Park Rd, 20835 150.00 20835 11/6/2020 63 22002 Water Customer Deposits UB Refunds- 317 Irving Park Rd, 20835 20835 11/6/2020 63 14063 Water Water/Sewer Accts Receivable -107.03
42.97
Grand Total 2,004,733.47 Total number of checks - 110
Packet Page #143