VILLAGE of BERKELEY AGENDA Tuesday, April 6, 2021 6:30 P.M

VILLAGE OF BERKELEY AGENDA Tuesday, April 6, 2021 6:30 p.m. Village Hall 5819 Electric Avenue Berkeley, Illinois Physical attendance at this public meeting is limited to 50 individuals, with Village officials, staff and consultants having priority over members of the public. Public comments and any responses will be distributed to Village officials. You may submit your public comments via email in advance of the meeting to Rudy Espiritu, Village Administrator at [email protected].

1 Call to Order

2 Pledge of Allegiance

3 Roll Call

4 Presentations and Appointment

4.1 Village of Berkeley Partner Agency Annual Reports 4.1.1 Berkeley Little League

5 Public Hearings

6 Public Comments and Questions (Consent Agenda Items Only) Please limit comments to five (5) minutes in length, unless further granted by the Board.

7 Consent Agenda The matters listed for consideration on the Consent Agenda are routine in nature or have all been discussed by the Board of Trustees previously and are matters on which there was unanimity for placement on the Consent Agenda at this meeting.

7.1 Village Board Meeting Minutes from March 16, 2021 7.2 Executive Session Meeting Minutes from March 16, 2021 (Not for public release) 7.3 Planning and Zoning Commission Minutes from March 23, 2021

8 Claims Ordinance 8.1 Motion to Approve Claims Ordinance #1460 in the amount of $200,635.85

Note: The Village of Berkeley, in compliance with the Americans with Disabilities Act (ADA), requests that any persons with disabilities, who have questions about the accessibility of the meeting or facility, contact Village Hall at 708-449-8840, to allow for reasonable accommodations to be made. 9 Committee Reports 9.1 Administration, Zoning and Technology (Chair –Trustee Graf-Stone; Co- Chair Trustee Washington) 9.1.1 Trustee Liaison Report 9.1.2 Motion to Approve a Resolution of the Village of Berkeley, Cook County, Illinois Adopting Amendments to the Village’s Personnel Policies and Procedures Manual 9.1.3 Motion to Approve an Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Video Gaming Terminals Permitted at Torres Fresh Market – 5447 St. Charles Road 9.1.4 Motion to Approve an Ordinance Amending the Berkeley Zoning Ordinance to Allow Banquet Halls and Event Spaces in the B-1 Local Business District as Special Uses 9.1.5 Motion to Approve an Ordinance Granting a Special Use Permit to Allow a Banquet Hall and Event Space at 5241 – 5245 St. Charles Road 9.1.6 Motion to Approve an Ordinance Amending Chapter 4-2 of the Village Code of the Village of Berkeley, Cook County, Illinois Creating a New Class A1 Liquor License Classification 9.1.7 An Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Class A1 Liquor Licenses and Increasing the Number of Supplemental Video Gaming Establishment Permits Relative to Dream Event Space and Modern Banquet Hall – 5241 - 5245 St. Charles Road 9.1.8 Motion to Approve a Resolution Authorizing the Submission of Proposed Zoning Ordinance Text Amendments to the Village of Berkeley Zoning Ordinance Regarding Off Site Parking Space Requirements

9.2 Finance and Economic Development (Chair – Trustee Washington; Co- Chair Trustee Salemi) 9.2.1 Trustee Liaison Report 9.2.2 Motion to Approve an Ordinance of the Village of Berkeley, Cook County, Illinois Adopting the Annual Budget for the Fiscal Year Beginning May 1, 2021 and Ending April 30, 2022

9.3 Police and Property Maintenance (Chair – Trustee Salemi; Co-Chair Trustee Hammar) 9.3.1 Trustee Liaison Report 9.3.2 Motion to Approve a Resolution Authorizing the Execution of a Automated Traffic Law Enforcement Agreement Between the Village

of Berkeley, Cook County, Illinois, and American Traffic Solutions, Inc. d/b/a Verra Mobility 9.3.3 Motion to Approve a Resolution Authorizing the Execution of a Subscription Service Agreement and a Customer Service Agreement Regarding Body-Worn Cameras Between the Village of Berkeley, Cook County, Illinois, and Utility Associates, Inc.

9.4 Fire and Health (Chair – Trustee Grenier; Co-Chair Trustee Perez) 9.4.1 Trustee Liaison Report 9.4.2 Motion to Approve a Resolution Approving and Authorizing the Execution of an Extension Agreement Between the Village of Berkeley, Cook County, Illinois, and Florina Villarde/Alin Nemes (5908 Butterfield Road) Providing for a One Year Extension of One Year to Install a Fire Sprinkler System

9.5 Public Works and Utilities (Chair – Trustee Hammar; Co-Chair Trustee Grenier) 9.5.1 Trustee Liaison Report

9.6 Community and Intergovernmental Relations (Chair – Trustee Perez; Co- Chair Trustee Graf-Stone) 9.6.1 Trustee Liaison Report

10 Village President 10.1 President’s Report 10.1.1 4/15/2021 Joint Village/Park District Meeting at 6:30 p.m. 10.1.2 4/20/2021 Village Board Meeting at 6:30 p.m.

11 Village Administrator

12 Village Attorney

13 Public Comments and Questions Please limit comments to five (5) minutes in length, unless further granted by the Board

b. Collective Bargaining, Salary Schedules; categorically 5 ILCS 120/2 (c)(2) c. Appointment/Removal for Public Office or Attorney 5 ILCS 120/2 (c)(3) d. Consideration to Purchase, Lease (Buy), or Acquire Specific Real Estate Property 5 ILCS 120/2 (c)(5) e. Setting Price for Sale/Lease Specific Real Estate Property 5 ILCS 120/2 (c)(6) f. Security Procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. 5 ILCS 120/2 (c)(8) g. Probable or Imminent and Pending Litigation 5 ILCS 120/2 (c)(11) h. Establish Reserves or Settle Claims (Tort) 5 ILCS 120/2 (c)(12) i. Consideration of Release of Executive Session Minutes 5 ILCS 120/2 (c)(21)

15 Action to be Taken as a Result of Executive Session

16 Adjournment

1 President Lee called the meeting to order at 6:30 p.m.

2 Pledge of Allegiance

3 Roll Call

Present: Trustees Hammar, Salemi, Grenier, Graf-Stone and Perez

Absent: Trustee Washington

Also present: Village Administrator Espiritu, Assistant Village Administrator Miller, Fire Chief Kuryla, Superintendent Wagner, Village Attorney Smith and Assistant Attorney Brogan

4 Presentations and Appointment

4.1 Industrial Pedestrian Connector & Proviso Drive Update - Civiltech Engineering

Maddie Johnson gave a presentation regarding the Industrial Pedestrian Connector. She shared some history regarding the project, for example, and related them to the Board’s most recent Strategic Plan, the Board discussed the Flood Control Project. This led to making improvements to the retention pond Northeast of Wolf Rd. and St. Charles Rd. In 2018-2019 the existing detention basin was improved to allow drainage and pumping of water, as well as, replaced some storm sewers. The proposed improvements now are to lay six-foot sidewalks, eight-foot paths for bicyclists and pedestrians, along with so many other updates. Future plans for improvements are to add a parking lot outside of the retention basin, as well as a driveway. Derek Mall gave an update on the Proviso Drive Project to the board. The Proviso Drive Project is at the north end of the Village extends from the UP yard to Wolf Rd. (just North of the UP main line). He shared some pictures of the existing conditions at the west end where pavement is deteriorating. He showed some pictures of the East end of Wolf Rd. that again, pavement needs to be replaced. The proposed sections are two thirteen-foot lanes, 8 ½ inch concrete pavement, along with many other updates. Other guests from Civiltech Engineering are Joel Christell and Jennifer Hurtado.

4.2 Village of Berkeley Partner Agency Annual Reports 4.2.1 Berkeley Neighborhood Watch Berkeley Neighborhood Watch Board Director – Sgt. Len Norek President – Timothy Carpenter Vice President – Michael Benedetto Treasurer/Social Media – Mari Carpenter Mr. Carpenter thanked Mayor Lee and the Board for the invitation to share an update on the Neighborhood Watch program. Mr. Carpenter gave a shout out to Sgt. Len Norek. Sgt. Norek has been very helpful to them throughout the program, presenting topics to the residents and also providing residents with a report every month to keep the residents informed and engaged. Thank you to Trustee Perez, who became their liaison last year. He is always reaching out to see how he or the Board can help them out. Neighborhood Watch has been incorporated since 2017 and a registered not for profit organization. They are also registered with the Attorney General’s office. Berkeley Neighborhood Watch’s goal is help prevent crime and to create community awareness through their educational programs that they present. They are also extra eyes and ears for the community and Police Department. The number of Block Captains has increased by one and their Facebook followers have increased from 304 followers to 508 followers. Neighborhood Watch is part of Amazon Smile. If you order from Amazon, order through Amazon Smile. Amazon will donate to Berkeley Neighborhood Watch 0.05%. They continued to sponsor their monthly educational programs. - Last March “The Best Defense Concept” - Sgt. Norek’s Monthly Report - Promote educational and awareness through Berkeley Connects - Worked with a Berkeley resident who made custom design Masks which were distributed to block captains. - Electronic signs now say that Berkeley is a Neighborhood Watch Community. - Halloween Event with the Library - Along with so many other things that they have done and will do. No funding is being requested this year due to the Pandemic. 4.2.2 Berkeley Little League – Will be moved to a later date in April.

5 Public Hearings 5.1 FY 21-22 Budget Hearing Administrator Espiritu informed the Board that the budget presented at the February 16, 2021 Budget Workshop has slightly changed (about 10%) due to the Governor’s reduction in LGDF funding.

The General Fund is projected to have $5.5 million in revenues and $5.5 million in expenditures. The total Village budget, including all funds, is projected to have $13.6 million in total revenues and $12.1 million in total expenditures. All funds are balanced. The General Fund is anticipated to have a slight surplus of $8,000.

The fund balance policy requires the Village to maintain a 25% fund balance. They anticipate the Village at a 42.8% fund balance.

Trustee Motion Second Ayes Nays Absent Abstain Larry Hammar X Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X Herb Washington X Jerry Perez X X Voice Vote MOTION CARRIED

6 Public Comments and Questions (Consent Agenda Items Only) No Public Comments or Questions.

7.1 Village Board Meeting Minutes from March 2, 2021 7.2 Executive Session Meeting Minutes from March 2, 2021 (Not for public release)

Trustee Motion Second Ayes Nays Absent Abstain Larry Hammar X Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X X Herb Washington X Jerry Perez X MOTION CARRIED 8 Claims Ordinance 8.1 Motion to Approve Claims Ordinance #1459 in the amount of $279,211.11

Trustee Motion Second Ayes Nays Absent Abstain Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X X Herb Washington X Jerry Perez X Larry Hammar X MOTION CARRIED

9 Committee Reports 9.1 Administration, Zoning and Technology (Chair –Trustee Graf-Stone; Co- Chair Trustee Washington) 9.1.1 Trustee Liaison Report – Trustee Graf-Stone highlighted that Cell tower negotiations are coming along, Tollway project is continuing and in addition to all that staff works on, they work on finding grants and spend time in applying for them. This is time consuming and we are grateful to them for that. 9.1.2 Monthly Report 9.1.3 Motion to Approve a Resolution of the Village of Berkeley, Cook County, Illinois Approving a 2021 ComEd Green Region Grant Application for the Prairie Path Lighting and Path Enhancements Project

Trustee Motion Second Ayes Nays Absent Abstain Raymond Grenier X Sherry Graf-Stone X X Herb Washington X Jerry Perez X X Larry Hammar X Diane Salemi X MOTION CARRIED

9.1.4 Motion to Approve a Resolution Authorizing the Execution of a Memorandum of Understanding for a Capacity Building Consortium – Public Space Innovations by and between the Village of Berkeley, Cook County, Illinois, and the Chicago Metropolitan Agency for Planning

Trustee Motion Second Ayes Nays Absent Abstain Sherry Graf-Stone X X Herb Washington X Jerry Perez X Larry Hammar X Diane Salemi X X Raymond Grenier X MOTION CARRIED

9.1.5 Discussion on Liquor and Video Gaming Inquiries Administrator Espiritu discussed that PK Pantry and Shell gasoline station would like to apply for a liquor licenses and install video games at their business. He shared what their plans are so far. The Board asked “Where would they install their video games and what is the maximum and many other questions and concerns”. No consensus from the Board for video gaming at these businesses.

9.2 Finance and Economic Development (Chair – Trustee Washington; Co- Chair Trustee Salemi) 9.2.1 Trustee Liaison Report – No Report. 9.2.2 Monthly Report 9.2.3 Fiscal Year 2021 3rd Quarter Financial Dashboard Presentation Administrator Espiritu informed the Board that they should be at 75%. General Fund - They budgeted $5.5 million but their actual is at $3.7 million. That means they are at 66% of revenue and 64% in expenditure because of reductions. That means they are ¾ in with $220,000 with a surplus.

9.3 Police and Property Maintenance (Chair – Trustee Salemi; Co-Chair Trustee Hammar) 9.3.1 Trustee Liaison Report – Code Enforcement are working hard and are paying attention to what is going on in the community. 9.3.2 Monthly Report

9.4 Fire and Health (Chair – Trustee Grenier; Co-Chair Trustee Perez) 9.4.1 Trustee Liaison Report – No report. 9.4.2 Monthly Report

9.5 Public Works and Utilities (Chair – Trustee Hammar; Co-Chair Trustee Grenier) 9.5.1 Trustee Liaison Report – Trustee Hammar along with Mayor Lee and Administrator Espiritu met with Park District Board. They were presented with a request for qualifications (RFQ) to engage in their architectural service to help them design their new facility across the street. Those was sent out last week from the Park District. Thank you to Administrator Espiritu for all your hard work in putting that together. New Dump truck/Plow truck was received last week. 9.6 Community and Intergovernmental Relations (Chair – Trustee Perez; Co- Chair Trustee Graf-Stone) 9.6.1 Trustee Liaison Report – Trustee Perez received two of the contracts. The Music in the Park will start July 8th vs starting in June. Spoke with the Lion’s Club, the President will be giving Trustee Perez a report that he will share with the Board at the next Board meeting. The Berkeley resident will soon get her hearing aids, thanks to the Lion’s Club.

10 Village President 10.1 President’s Report 10.1.1 3/23/21 Planning & Zoning Commission Meeting at 6:30 p.m. 10.1.2 4/6/21 Village Board Meeting at 6:30 p.m. President Lee informed the Board that 4/6/21 is also Election night. . The Park District is committed to designing a building within their budget this year. CMAP group is very positive about the Berkeley connection to that project. Invite residents to become Neighborhood Watch Block Captains. Berkeley will learn lots with the Consortium. Thank you all for the Pandemic guidance. Thank you to all for your hard work.

11 Village Administrator – Administrator Espiritu stated that Berkeley continues to stay low in growth of Corona Virus. In the last 4 to 6 weeks it has been under seven. Vaccinations for residents 65 or older may happen in Berkeley. If it does happen, President Lee will inform Berkeley residents by robocall and registration will be through the Village.

12 Village Attorney – Attorney Smith informed the Board that the Illinois General Assembly is in session. Many bills have been introduced and some have already moved out of the senate. There are two bills that he would like to inform the Board about that started in the Senate. One would have been the TIF act. There are two TIF districts in town, both along St. Charles Rd. It would add an additional eligible cost for the use of TIF money which right now are limited. Public improvements or certain private improvements related to infrastructure to allow for business loses attributable to Covid-19 to be paid for with TIF money. Allowing communities like Berkeley if it had the funds available and thought it was appropriate to do so, to get those monies to businesses to help stabilize them because of the effects of the pandemic. The Senate voted 55-1 to advance the Bill to the House

where it currently is. If the House gives it a favorable reception, Berkeley will be able to do some small business Grant type program if the money is available and the Board thinks that it is a good use of TIF dollars. The second Bill would remove the State Parking tax currently imposed on all rented parking spaces in Illinois including the Village’s commuter lot. Where if a charge is imposed by the Village, it currently most collects the tax, people argue that the State didn’t intend to do this but the Illinois Park of Revenue says it applies. This bill would remove municipal parking lots from this tax requirement which it never should have been taxed in the first place because it is government revenue. That one is awaiting in the Senate. The Illinois Municipal League is pushing both these bills. Attorney Smith will update the Board as they move forward.

13 Public Comments and Questions Dan O’Connell, Resident – The Public address system. Hope someone is working on it.

14 Executive Session 14.1 Motion to enter into Executive Session to consider the: a. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employee(s) 5 ILCS 120/2 (c)(1) b. Collective Bargaining, Salary Schedules; categorically 5 ILCS 120/2 (c)(2) c. Appointment/Removal for Public Office or Attorney 5 ILCS 120/2 (c)(3) d. Consideration to Purchase, Lease (Buy), or Acquire Specific Real Estate Property 5 ILCS 120/2 (c)(5) e. Setting Price for Sale/Lease Specific Real Estate Property 5 ILCS 120/2 (c)(6) f. Security Procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. 5 ILCS 120/2 (c)(8) g. Probable or Imminent and Pending Litigation 5 ILCS 120/2 (c)(11) h. Establish Reserves or Settle Claims (Tort) 5 ILCS 120/2 (c)(12) i. Consideration of Release of Executive Session Minutes 5 ILCS 120/2 (c)(21)

Enter into Executive Session at 7:47 Trustee Motion Second Ayes Nays Absent Abstain Herb Washington X Jerry Perez X Larry Hammar X Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X X MOTION CARRIED

Exit from Executive Session at 7:58 pm Trustee Motion Second Ayes Nays Absent Abstain Jerry Perez X Larry Hammar X Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X X Herb Washington X Voice Vote MOTION CARRIED

15 President Lee adjourned the meeting at 7:58 pm

Trustee Motion Second Ayes Nays Absent Abstain Diane Salemi X X Raymond Grenier X Sherry Graf-Stone X X Herb Washington X Jerry Perez X Larry Hammar X Voice Vote MOTION CARRIED

Respectfully Submitted,

______Maria M. Rivera, Village Clerk Approved this 6th day of April, 2021

______Robert E. Lee, Jr., Village President

VILLAGE OF BERKELEY PLANNING & ZONING COMMISSION MINUTES Tuesday, March 23, 2021 6:30 p.m.

1 Chairman Hurley called the meeting to order at 6:30 p.m.

Present: Chairman Patrick Hurley, Commissioner Jackie Jones, Commissioner Paul Bullard and Commissioner Bruce Routen

Absent: Commissioner Larry Lantero and Commissioner Gustavo Villafana

Also present: Village Administrator Espiritu, Assistant to the Village Administrator Miller, Trustee Hammar, Village Attorney Smith and Fire Chief Kuryla

2 Pledge of Allegiance

3 Public hearing regarding a special use permit to allow a banquet hall / event space to operate at 5241 – 5245 St. Charles Road, Berkeley, Illinois

Village Administrator Espiritu informed the Commissioners that the new owner, Shaun Sharma of “Dreams” worked with the Fire Department, Attorney, and the Village to address the Capacity and Parking concerns that the Commissioners had at the January, 2021 PZC meeting. The agreed total capacity for “Dreams” is 270 and the total parking spaces needed are 68 (4 people per car).

The Commissioners had several questions regarding the different activities that will be held at Dreams, the total of slot machines, the use of the outdoor space after a certain time, as well as the parking on residential streets close to the business.

Village Administrator informed the Commissioners that 6 slot machines are the max that “Dreams” can have. Mr. Sharma informed the Commission that he would give a map to those who rent the space so they can share with their guests and know where parking is permitted. The Police Department will be patrolling as always. The Commissioners suggested residential parking signs for streets close to the business. There may be some impact on the residential streets, however Mr. Sharma agrees with the residential parking signs, putting verbiage in the contracts regarding parking, as wells as, consider valet parking and coming back to meet with PZC in the future if it becomes a problem.

4 Motion to approve findings of fact and recommendation to the Village Board regarding an application for a special use permit for a banquet hall and event space at 5241 – 5245 St. Charles Road, Berkeley, Illinois

Commissioner Motion Second Ayes Nays Absent Abstain Jackie Jones X X Paul Bullard X Larry Lantero X Bruce Routen X X Gustavo Villafana X Chairman Hurley X MOTION CARRIED

5 Chairman’s Report – No report

6 Next Meeting – April 27, 2021 at 6:30 p.m.

7 Chairman Hurley adjourned the meeting at 7:34 pm Commissioner Motion Second Ayes Nays Absent Abstain Jackie Jones X X Paul Bullard X X Larry Lantero X Bruce Routen X Gustavo Villafana X Chairman Hurley X Voice Vote MOTION CARRIED Respectfully Submitted,

______Maria M. Rivera, Village Clerk Approved this 6th day of April, 2021

______Robert E. Lee, Jr. Village President

Village of Berkeley

CLAIM ORDINANCE #1460

CHECKS FOR APPROVAL LIST PRESENTED TO THE BOARD OF TRUSTEES AT THEIR MEETING ON APRIL 6, 2021 $200,635.85 Accounts Payable Transactions by Account

User: terih Printed: 04/01 /2021 - 12:24PM Batch: 00000.00.0000

Account Number Vendor Description GL Date Check No Amount PO No

I 0-05-5190-000 U.S. Bank TonysMkt/Cupcakes-BrdMtgPinning,J 03/3 1/2021 43608 30.14 10-05-5190-000 U.S. Bank Jewel/EmployeeAppreciationGifiCard 03/31 /2021 43608 250.00

Vendor Subtotal for Department:05 280.14

10-10-5160-20 I West Central Municipal Conference Admin.Fee/EmployeeAssistanceProgr. 03/3 1/2021 43611 70.52 10-10-5 160-201 West Central Municipal Conference EmployccAssistanccProgram/EAP - 21 03/31 /2021 43611 1,373.50

Vendor Subtotal for Department: I 0 1,444.02

10-1 0-5201 -000 Dvorak & Kelliher, Ltd. Lg1Svcs/Prosecution. 2/9 & 2/23/21 03/3 1/2021 43592 343.75

Vendor Subtotal for Department: I 0 343.75

10-1 0-5201-000 Klein, Thorpe and Jenkins, Ltd. LglSvcs/General - Feb'2 I 03/3 1/2021 43597 4,621.53 I 0-10-5201-000 Klein. Thorpe and Jenkins, Ltd. Lg1Svcs/Litigation & Appeals - Feb'2 I 03/3 1/2021 43597 1.886.50

Vendor Subtotal for Department: I 0 6,508.03

I 0-10-5235-102 Lauterbach & Amen, LLP AccountingSvcs/Adm - Feb'21 /32hrs 03/31/2021 43599 1,888.00

Vendor Subtotal for Department: I 0 1,888.00

10-10-5245-000 Current Technologies Corporation Addnl.Camera&Microphone for PD Ir 03/24/2021 43591 1,847.49

AP-Transactions by Account (04/0 l /2021 - 12:24 PM) Page 1 Account Number Vendor Description GLDate Check No Amount PO No

Vendor Subtotal for Department: I 0 1,847.49 l 0-l 0-5245-000 U.S. Bank DigitalSpace/Website Hosting Svc, 3/1 03/31/2021 43608 22.00 l 0-10-5245-000 U.S. Bank LogMeln/VirrualMtgSftwr, 2/24-3/23/ 03/31/2021 43608 5.68 I 0-10-5245-000 U.S. Bank Amazon/ZoomPortableRecorder plus , 03/31/2021 43608 I3J .97 I 0-10-5245-000 U.S. Bank Amazon/iPhoneSE Case for Mayor 03/31/2021 43608 14.99 I 0-10-5245-000 U.S. Bank Comcast/VH lntemetSvc, I /25-2/25/21 03/3 1/2021 43608 243.35

Vendor Subtotal for Department: I 0 4 17.99

10-10-5250-000 FedEx Shipping, 3/2/21 03/22/2021 43573 39.85

Vendor Subtotal for Department: 10 39.85

I 0-10-5270-000 Illinois Telephone Corporation Elevator Phone Line Chrg, 4/5-5/4/21 03/22/2021 43574 52.91

Vendor Subtotal for Department: I 0 52.91

I 0-10-5270-000 Verizon Wireless Cell Phone Chrgs/ 16 lines, 3/9-4/8/2 1 03/22/2021 43581 647.22

Vendor Subtotal for Department: I 0 647.22

I 0-10-5300-000 U.S. Bank NIU/2CivicLdrshpAcadWebinars,JMil 03/31/2021 43608 66.00

Vendor Subtotal for Department: I 0 66.00

I0 -10-5345-000 U.S. Bank Chic.Tribune/3moNewspaperSubsrptn 03/3 1/2021 43608 l.00

Vendor Subtotal for Department: I 0 l.00

I 0-10-5350-000 ComEd Electricity@5829Electric, 2/11-3/ 12/2 03/22/202 l 43571 17.26

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page 2 Account Number Vendor Description GL Date Check No Amount PO No

Vendor Subtotal for Department: I 0 17.26

I 0-10-5485-000 Cintas Corporation Logo Floor Mats, 3/ 19/21 03/31/2021 43588 51.94

Vendor Subtotal for Department: I 0 51.94

I0-10-5485-000 Proshred Security PD Document Shredding, 3/12/21 , 3-9 03/22/2021 43579 195.00

Vendor Subtotal for Department: I 0 195.00

I 0-10-5485-000 Staples Advantage Jntrl/Liners,T-Paper,UrinalMats,P-To\ 03/24/2021 43580 275.01

Vendor Subtotal for Department: I 0 275.01

I 0-10-5485-000 U.S. Bank Amazon/Jntrl.Dust Mop 03/31 /2021 43608 17.00

Vendor Subtotal for Department: I 0 17.00

I 0-10-5504-000 BlueWire Communications, Inc. Phone Sys.Maint.Fee, 4/1-6/30/21 03/22/2021 43567 735.00

Vendor Subtotal for Department: I 0 735.00

10-10-5504-000 Konica Minolta Copier Lease/FD- Apr'2 l 03/22/2021 43575 191.95 I 0-10-5504-000 Konica Minolta Copier Leases/ AD2,PD I &PD3, 4/10-: 03/22/2021 43575 945.00

Vendor Subtotal for Department: I 0 1,136.95

10-10-5510-000 Karl Meyer Expert Plumbing Compa Rpr.VH Wms lstFI.Bathrm.Faucet 03/3 1/2021 43596 145.00

Vendor Subtotal for Department: I 0 145.00

I 0-10-5600-000 Staples Advantage Adrn/CoffeeCups&Lids 03/24/2021 43580 28.15

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page 3 Account Number Vendor Description GLDate Check No Amount PO No

Vendor Subtotal for Department: I 0 28.1 5

I 0-10-5600-000 U.S. Bank Amazon/P-Plates 03/31/2021 43608 31.28 I 0-1 0-5600-000 U.S. Bank Amazon/Printable Index Tabs 03/3 1/2021 43608 6.83

Vendor Subtotal for Department: I 0 38.11

I 0-20-5245-000 Comcast PW Internet Svc, 3/ 19-4/ 18/21 03/22/2021 43569 193.35

Vendor Subtotal for Department:20 193.35

I 0-20-5245-000 U.S. Bank Amazon/SamsungGalaxyPhoneCase 03/31/2021 43608 13.99 I 0-20-5245-000 U.S. Bank Amazon/CiscoWire lessAccessPoint & 03/31/2021 43608 271.44

Vendor Subtotal for Department:20 285.43

I 0-20-5245-000 Verizon Wireless PW/GIS Jetpack Chrg, 3/9-4/8/21 03/22/2021 43581 -5. 14

Vendor Subtotal for Department:20 -5.14

I 0-20-5300-000 U.S. Bank AmWtrWorksAs soc/ReadingEngPlans 03/3 1/2021 43608 36.00

Vendor Subtotal for Department:20 36.00

I 0-20-5520-000 Michael Todd & Company, Inc StockPlowParts/6StdShoeAssemblies · 03/24/2021 43578 348.20

Vendor Subtotal for Department:20 348.20

\0-20-5520-621 Michael Todd & Company, Inc HydrlcSpinnerMotor & HydrlcAuger!'I 03/24/2021 43578 917.65

Vendor Subtotal for Department:20 917.65

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page4 Account Number Vendor Description GL Date Check No Amount PO No

10-20-5520-629 l st Choice Equipment, LLC 4 Pt.Hitch & Blade for Kubota Yeh #6 03/24/2021 43583 323.54

Vendor Subtotal for Department:20 323.54

10-20-5520-640 Michael Todd & Company, Inc Bolt-On Blades/2 & Bolts- Yeh #640 03/24/2021 43578 359.85

Vendor Subtotal for Department:20 359.85

10-20-5525-000 Dyna Systems Inc. Tapering&Slasher CutOff Wheels. l Oe; 03/24/2021 43572 174.84

Vendor Subtotal for Department:20 174.84

10-20-5560-000 Trees "R" Us, Inc. '21 ContractedParkwayTreeTrimming/: 03/24/202 1 43607 15,372.00

Vendor Subtotal for Department:20 15,372.00

I 0-20-5610-000 Cintas Corporation PW First-Aid Cabinet Restocked, 3/19 03/31 /2021 43587 108.78

Vendor Subtotal for Department:20 108.78

10-21 -5235-000 Cook County Sheritrs Police Depart• 9 11 SysDispatchg/MonitorgSvcs/PD. 1 03/22/2021 43590 16.420.61

Vendor Subtotal for Department:2 1 16,420.61

10-2 1-5245-000 Comcast PD Cable TV, 3/ 12-4/ 11/21 03/22/2021 43568 6.32

Vendor Subtotal for Department:2 1 6.32

I 0-2 1-5245-000 Verizon Wireless PD Chief Jctpack Chrg, 3/9-4/8/2 1 03/22/2021 43581 36.01

Ve ndor Subtotal for Dcpartmcnt:21 36.01

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page 5 Account Number Vendor Description GLDate Check No Amount PO No

I 0-21-5345-000 Illinois Assn. of Code Enforcement 2021 Memb.Ducs 03/31/2021 43594 40.00

Vendor Subtotal for Departmcnt:21 40.00

I 0-21-5445-000 Magnificent Mutts Rescue Animal Control Contract Fee- Apr'2 l 03/22/2021 43577 100.00

Vendor Subtotal for Department:21 100.00

10-21-5520-601 Krafftkare Automotive, Inc. Engine Lt.Diagnostic Ck- Yeh #601 03/31/2021 43598 42.00

Vendor Subtotal for Department:21 42.00

I 0-21-5520-602 Krafftkare Automotive, Inc. Oil Chg & RWiperBladc- Yeh #602 03/31 /2021 43598 93.20

Vendor Subtotal for Departmcnt:21 93.20

I 0-21-5520-603 Krafftkare Automotive, Inc. Repl.LSeatBelt Buckle- Yeh #603 03/31/2021 43598 389.21 I0-21-5520-603 Krafftkare Automotive, Inc. Oil Chg,TireRpr/RF,WiperBlades,Tire 03/31 /2021 43598 130.39

Vendor Subtotal for Department:21 519.60

I 0-21 -5520-607 Krafftkare Automotive, Inc. R&R Purge Valve Solenoid 03/3 1/2021 43598 263.19

Vendor Subtotal for Department:21 263.19

I 0-21-5525-000 Technology Management Rev Fund Communication Svcs- Mar'2 I 03/31/2021 43606 314.39

Vendor Subtotal for Department:21 314.39

AP-Transactions by Account (04/01 /2021 - 12:24 PM) Page 6 Account Number Vendor Description GLDate Check No Amount PO No

I 0-21-5610-000 U.S. Bank Amazon/GarageDoorRemotes,2 03/3 1/2021 43608 25.90

Vendor Subtotal for Department:21 25.90

I 0-21-5850-000 McDonald's Prisoner Meals/2- Feb'21 03/31/2021 43601 18.09

Vendor Subtotal for Dcpartmcnt:21 18.09

I 0-21-6650-000 Sirchie Acquisition Company. LLC Pouch Tests for Marijuana/40 03/24/2021 43604 108.49

Vendor Subtotal for Department:21 I 08.49

10-22-5235-000 Cook County Sherill's Police Depart' 911 SysDispatchg/Monitorg Svcs/FD, 03/22/2021 43590 16,420.61

Vendor Subtotal for Department:22 16.420.61

10-22-5245-000 Verizon Wireless FD Veh.Jetpack Chrgs, 3/9-4/8/2 l 03/22/2021 43581 216.08

Vendor Subtotal for Department:22 2 16.08

l 0-22-5300-000 U.S. Bank NatlFireSprnklrAssoc/PlanRcvicwCls. 03/31 /2021 43608 10.00

Vendor Subtotal for Department:22 10.00

I 0-22-5520-354 West-Hill CARSTAR Auto Body BodyRpr- Amb# 354 03/31/2021 43612 399.00

Vendor Subtotal for Depa.rtment:22 399.00

10-22-5610-000 U.S. Bank Sam'sClub/Cleaners,Towels,Soap 03/31/2021 43608 156.97

AP-Transactions by Account (04/0 l/2021 - 12:24 PM) Page 7 Account Number Vendor Description GL Date Check No Amount PO No

Vendor Subtotal for Department:22 156.97

I 0-22-5652-000 Linde Gas North America Bank of A Oxygen Cyl's,2 03/31/2021 43600 42.37

Vendor Subtotal for Department:22 42.37

Subtotal for Fund: I 0 69,523.15

23-00-5370-000 Lakeshore Recycling Systems Refuse Collection- Feb'21 03/22/2021 43576 46,153.35

Vendor Subtotal for Department:00 46,153.35

23-00-53 70-100 Lakeshore Recycling Systems Refuse Collection/Fuel Surchrg- Jan'2 03/22/2021 43576 3 1.24

Vendor Subtotal for Department:00 31.24

Subtotal for Fund: 23 46,184.59

25-00-5587-000 AT&T Metra Station Internet, 3/15-4/1 4/2 1 03/22/2021 43566 78.53

Vendor Subtotal for Department:00 78.53

Subtotal for Fund: 25 78.53

30-00-6030-000 Illinois Communications Sales, Inc. Install New&Trsfrd.PD Squad Equip.I· 03/31/2021 43595 9,384.43

Vendor Subtotal for Department:00 9,384.43

30-00-6081-000 Car Reflections Install Logos & Yeh#- new Yeh #62 I 03/3 1/2021 43586 495.00

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page 8 Account Number Vendor Description GL Date Check No Amount PO No

Vendor Subtotal for Department:00 495.00

Subtotal for Fund: 30 9,879.43

3 8-00-6640-000 Civiltech Engineering, Inc. EngSvcs/ProvisoDrProj.Phasell, J 2/2( 03/31 /2021 43589 1,045.43

Vendor Subtotal for Department:00 1.045.43

3 8-00-6660-000 Baxter and Woodman, Inc. EngSvcs/SidewalkRepl.Proj,Ph.1, 2/16 03/31 /2021 43585 11.7 16.25

Vendor Subtotal for Department:00 11,716.25

Subtotal for Fund: 3R 12,761.68

50-00-5225-000 Water Services Co Test&Certify RPZ,2 @5620St.Charles 03/24/2021 43582 130.00

Vendor Subtotal for Department:00 130.00

50-00-5235-000 Baxter and Woodman, Inc. ReviewSchDist87 Final Eng.&Plat, 2/: 03/31/2021 43585 997.50

Vendor Subtotal fo r Dcpartment:00 997.50

50-00-5235-000 Lauterbach & Amen, LLP AccountingSvcs/Wtr - Feb'2 J /32hrs 03/31 /202 J 43599 236.00

Vendor Subtotal for Dcpartment:00 236.00

50-00-5245-000 Water Resources Inc. AnnlMaint/NSightSfiwr&TrimbleHrd· 03/31/2021 43610 3,325.00

Vendor Subtotal for Department:00 3,325.00

AP-Transactions by Account (04/01 /2021 - 12:24 PM) Page 9 PO No Account Number Vendor Description GLDate Check No Amount

60.00 50-00-54 70-000 ETP Labs Inc. WtrTstg/Coliform, 2/ 11 & 2/25/2 1 03/31/2021 43593

Vendor Subtotal for Department:00 60.00

421.00 50-00-5470-000 Springbrook Holding Company, LL( Online Bill Pay Fees- Feb'21 /wtr 03/24/2021 43605

Vendor Subtotal for Department:00 421.00

635.00 50-00-5490-000 Associated Technical Services, Ltd. LeakLoctnSvcs@2050 Calvin, 3/5/2 1 03/3 1/2021 43584

Vendor Subtotal for Department:00 635.00

24.21 50-00-5610-000 USA BlueBook Wtr.TestingSuppl's/DPD I B 03/24/2021 43609 275.7 1 50-00-5610-000 USA BlueBook 4' Steel Tile Probe,4 03/31/2021 43609

Vendor Subtotal for Department:00 299.92

3,764.91 50-00-5620-000 USA BlueBook Subsurface LD-15 Leak Detector 03/24/2021 43609

Vendor Subtotal for Department:00 3,764.91

474.00 50-00-6308-000 Metropolitan Industries, Inc. Wtr.Twr.RprNal-Matic Air Release 03/31/2021 43602 50-00-6308-000 Metropolitan Industries, Inc. Wtr.Twr.Rpr/Bray Electric Rplmt.Acll 03/31 /2021 43602 5,817.00

Vendor Subtotal for Department:00 6,291.00

Subtotal for Fund: 50 16,160.33

54-00-5235-000 Baxter and Woodman, Inc. MWRD II CP LongTermAnnlSumm.R 03/31 /2021 43585 1,505.00 54-00-5235-000 Baxter and Woodman, Inc. ReviewSchDist87 Final Eng.&Plat, 2/: 03/31/2021 43585 997.50

Vendor Subtotal for Department:00 2,502.50

AP-Transactions by Account (04/01/2021 - 12:24 PM) Page 10 Account Number Vendor Description GL Date Check No Amount PO No

54-00-5235-000 Lauterbach & Amen, LLP AccountingSvcs/Swr - Feb'2 l /32hrs 03/31/202 l 43599 236.00

Vendor Subtotal for Departmcnt:00 236.00

54-00-5350-000 ComEd Pump Stn.@Pond, 2/ 11 -3/ 12/21 03/22/2021 43570 262.29

Vendor Subtotal for Department:00 262.29

54-00-5470-000 Springbrook Holding Company, LL( Online Bill Pay Fees- Feb'21 /swr 03/24/2021 43605 421 .00

Vendor Subtotal for Department:00 421.00

54-00-5540-000 SewerTech LLC. Clean,Televisc&Eval. 8"-15" Sanitary: 03/31 /2021 43603 42,626.35

Vendor Subtotal for Department:00 42,626.35

Subtotal for Fund: 54 46,048.14

Report Total: 200,635.85

AP-Transactions by Account (04/01 /2021 - 12:24 PM) Page 11 CHECKLIST OF BILLS PRESENTED FOR APPROVAL ON APRIL 6, 2021 SUMMARY BY FUND

10 GENERAL FUND $69,523.15 21 UTILITY FUND $0.00 23 REFUSE DISPOSAL FUND $46,184.59 25 METRAPARKINGLOTFUND $78.53 28 MOTOR FUEL FUND $0.00 30 VEHICLE FUND $9,879.43 34 TIF 1 FUND $0.00 35 TIF2 FUND $0.00 37 REFUNDING BOND FUND $0.00 38 CAPITAL PROJECT-RESERVE FUND $12,761.68 40 DEBT FUND $0.00 50 WATER FUND $16,160.33 52 WATER RESERVE FUND $0.00 54 SEWER FUND $46,048.14 56 SEWER RESERVES FUND $0.00 58 E91 l FUND $0.00 59 PROPERTY FORFEITURE FUND $0.00 68 PERFORMANCE BOND FUND $0.00 73 GOLF FUND $0.00 $200,635.85

To the Finance Director: The payment of the above listed acounts has been approved by the Board of Trustees at their meeting held on April 6, 2021 and you are hereby authorized to pay them from the appropriate fund.

Village President Village Clerk Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees CC: Rudy Espiritu, Village Administrator FROM: Justyn Miller, Assistant to the Village Administrator DATE: April 2, 2021 RE: Personnel Manual Revisions

Background

In an effort to maintain the accuracy of the Personnel Policies and Procedures Manual, Village staff add, amend and/or remove the following sections:

1. Amend Sections 4.1: Statement and Application of Policy This amendment updates the policy and adds gender identity as a protected class. 2. Amend Section 5.2: Discriminatory Harassment This amendment adds gender identity to the definition of harassment. 3. Amend Section 13.4: Salary Adjustments This amendment updates and clarifies that cost of living (COLA) and merit increases are administered on May 1st of each year which coincides with the new budget year. 4. Amend Section 14.2: Administration of Evaluation This amendment updates and clarifies that all salary increases occur on May 1st of each year which coincides with the new budget year. 5. Amended Section 19.4: Benefits during FMLA This amendment adds new language clarifying when benefits accrue during a paid or unpaid FMLA leave. 6. Amended Appendix E, Section 1.9: Prohibited & Improper Use of Electronic Communications & Devices This amendment updates the policy and adds gender identity to the list of protected classes. 7. Amend Appendix E, Section 3.2, #6: Policy This amendment updates the policy and adds gender identity to the list of protected classes.

Previous Action

On September 20, 2016, the Village Board of Trustees approved the newly revised Village of Berkeley Personnel Policies and Procedures Manual. Amendments were made on November 01, 2016, June 20, 2017, October 17, 2017, September 16, 2018, and June 2, 2020. Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Recommendation

It is recommended by staff that the Board of Trustees approve a Resolution of the Village of Berkeley, Cook County, Illinois Adopting Amendments to the Village’s Personnel Policies and Procedures Manual

Budgeted Amount

N/A

Action

Motion to Approve a Resolution of the Village of Berkeley, Cook County, Illinois Adopting Amendments to the Village’s Personnel Policies and Procedures Manual.

Attachments

1. A Resolution of the Village of Berkeley, Cook County, Illinois Adopting Amendments to the Village’s Personnel Policies and Procedures Manual 2. Personnel Policy and Procedure Manual Amendments (Attachment A)

RESOLUTION NO. ______

A RESOLUTION OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS ADOPTING AMENDMENTS TO THE VILLAGE’S PERSONNEL POLICIES AND PROCEDURES MANUAL

WHEREAS, the Village of Berkeley (“Village”) is a duly organized and validly existing home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and

WHEREAS, the Village previously adopted and amended a “Personnel Policies and Procedures Manual” (“Personnel Manual”), which governs the rights and responsibilities of Village employees; and

WHEREAS, the Personnel Manual must be accurate, internally consistent and in compliance with State and Federal laws and regulations, as amended from time to time; and

WHEREAS, Village staff has prepared amendments to the Personnel Manual, in EXHIBIT A attached hereto and made a part hereof (“Amendments”), to clarify the provisions thereof and to include new policies and procedures required by changes in State and Federal laws and regulations; and

WHEREAS, the President and Board of Trustees of the Village find that approving the Amendments to the Personnel Manual is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, ILLINOIS AS FOLLOWS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.

SECTION 2: Approval. That the President and Board of Trustees of the Village authorize and approve the Amendments to the Personnel Manual.

SECTION 3: Severability. That if any Section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Resolution.

SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed.

444961_1 1 SECTION 5: Effectiveness. That this Resolution shall be in full force and effect upon its adoption and approval according to law.

ADOPTED this 6th day of April, 2021, pursuant to a roll call vote of the President and Board of Trustees of the Village as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April ___, 2021.

444961_1 2

EXHIBIT A

AMENDMENTS TO PERSONNEL MANUAL

(attached)

444961_1 3 ATTACHMENT A

PERSONNEL POLICY AND PROCEDURE MANUAL AMENDMENTS April 6, 2021 Section 4.1 Statement and Application of Policy No Village Official, agent, or employee shall in any way discharge, refuse to employ, or discriminate against any person in regard to tenure, terms or conditions of employment, promotional opportunities, training, or the like to any person otherwise qualified on the basis of race, religion, gender, sexual orientation, gender identity, color, creed, age, marital status, pregnancy, national origin, ancestry, physical or mental disability, or any other characteristic that is currently protected by applicable law. All applicants or employees shall be considered only on the basis of qualifications as required by the position being sought or held relative to experience, training, physical fitness, ability, skills, knowledge, and personal characteristics and integrity as a proper representative of Village in order to permit disabled employees to perform their jobs or he considered for jobs. The policy of non-discrimination will prevail throughout every aspect of employment practice including, but not limited to the following: 1. Recruitment, hiring, and promotion in all job classifications except where sex, physical ability, or age is a bona-fide occupational qualification. 2. All other personnel activities/actions such as compensation, benefits, transfer, layoffs, returns from layoffs, Village sponsored training, education, tuition assistance, and social and recreational programs. 3. It is the intent of the governing body that this policy shall be enforced the same as any other policy of the governing. Any deliberate attempt to thwart or to circumvent this policy shall be grounds for disciplinary action, including demotion or discharge. When the two most qualified applicants are equal in every aspect required by the position, relative to experience, training, personal and physical fitness, skills, knowledge, and test results, “preference” may be given to a Village resident over that of a non-resident. “Preference,” as defined in this section only, is defined as giving extra appointment consideration to a Village resident over that of a non-resident and/or current Village employee. Section 5.2 Discriminatory Harassment Harassment consists of unwelcomed conduct, whether verbal, physical or visual, that is based upon a person’s actual or perceived protected status, such as their race, color, age, religion, gender, sexual orientation, gender identity, veteran status, marital status, disability, , national origin, or other protected status. The Village is committed to maintaining a workplace that is free of any such harassment. 1. If an employee believes that he/she has been subject to discriminatory harassment by a co- worker, supervisor, elected official, or anyone else during the course of employment, the employee should report their concerns immediately to their supervisory or the Village Administrator.

2. Once a complaint of discriminatory harassment has been filed, an investigation will be conducted in accordance with the reporting procedures of this policy. 3. An employee who is determined to have committed discriminatory harassment or retaliation who fails to cooperate during the investigation process will be subject to disciplinary action, up to and including termination. Section 13.4 Salary Adjustments On May 1st of each year, all employees, except those who are in a probationary status as a new employee, will receive the Cost of Living Adjustment (COLA) and Merit increase if provided by the Village Board. All merit salary adjustments, will be based upon the employee meeting his/her performance expectations established in his/her performance review. If an employee’s performance review states he/she is not meeting minimum expectations, salary adjustments will be considered when expectations are satisfactorily met. Section 14.2 Administration of Evaluation 1. Timing – Each employee, except those employees in a probationary status, will be evaluated annually on the anniversary date of their employment. 2. Evaluators – the immediate supervisor will evaluate the employees for whom they are directly responsible. If an employee has had more than one immediate supervisor during the previous year, each of those supervisor s should evaluate the employee individually, and then meet amongst themselves to develop and agree upon a joint evaluation. The evaluations conducted by the immediate supervisor(s) will be reviewed, in turn, by their supervisors and by their Department Head. 3. Evaluation Interview and Discussion – the current immediate supervisor will meet with the employee being evaluated. The written evaluation will be shared with the employee. The employee will be provided an opportunity to respond to their evaluation. At the conclusion of the evaluation interview, the employee will sign the evaluation form, indicating they are in receipt of the evaluation. If the employee does not sign the evaluation, the Department Head or supervisor must indicate the date and time the evaluation was provided to the employee. 4. Increases – Based on their performance, employees will be eligible to advance by percentage increases determined annually by the Village Board on May 1st. These percentage increases may vary depending on their performance evaluation. Section 19.4 Benefits during FMLA 1. The Village will continue to provide coverage under its group health, dental and life insurance plan during the leave, under the same' terms as coverage would have been provided if the employee had been continuously employed during the Family and Medical Leave period. Employees are required to pay the employee portion of insurance premiums. Insurance premiums will be paid pursuant to standard payroll deduction procedures if an employee receives paid time off concurrently with FMLA leave. Employees who take only an unpaid FMLA leave must arrange payment with the Deputy Village Clerk/Office Manager. Failure to submit payment for premiums may result in coverage

cancellation. The Village may recover premiums paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. 2. No employee who takes a leave under this policy will lose any benefit that accrued before the commencement date of the leave. However, benefits do not accrue while on unpaid leave. Benefits will accrue pursuant to the Village’s normal leave policies for any portion of the employee’s FMLA leave that is paid using accrued benefit time. Section 1.9 Prohibited & Improper Use of Electronic Communication & Devices With the exception of members of the Police Department conducting official business, users are strictly prohibited from using the Village's electronic equipment and other network systems to transmit, receive, download, view, copy or post profane, abusive, obscene, threatening, defamatory, sexually-oriented, harassing, racially offensive, or illegal materials. Such materials include, but are not limited to: racial, gender, or sexual slurs, cartoons, or jokes; pornographic or sexually explicit language or material; racially or sexually insulting or harassing language or material illegal, inappropriate or unethical solicitations; comments which are demeaning or derogatory or which reasonably could be construed as offensive to someone based on his or her race, age, gender, sexual orientation, gender identity, religion, national origin, disability or other status protected by law; information that violates or is contrary to Village policies, and any other material which is inappropriate for a business environment. In addition to the other restrictions and conditions discussed in this policy, the Village's electronic equipment shall not be used to engage in activities for personal financial gain (e.g. day trading, gambling), to personally solicit others or in connection with political campaigns or lobbying, to infringe, attempt to infringe or aid in any way in the infringement or attempted infringement to violate or aid in any way in the violation or attempted of any applicable telecommunications license or any laws that govern transborder data flow (e.g. laws dealing with data collection, protection, privacy, confidentially and security), to violate, attempt to violate or aid in any way in the violation or attempted violation of any other law, either intentionally or unintentionally. The following activities are strictly prohibited, with no exceptions: 1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the village. 2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the village or the end user does not have an active license is strictly prohibited.

3. Accessing data, a server or an account for any purpose other than conducting the village business, even if you have authorized access, is prohibited.

4. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted prior to export of any material that is in question. 5. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).

6. Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. 7. Making statements about warranty, expressly or implied, unless it is a part of normal job duties. 8. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.

9. Port scanning or security scanning is expressly prohibited unless prior notification to Village of Berkeley is made. 10. Executing any form of network monitoring which will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty. 11. Circumventing user authentication or security of any host, network or account. 12. Introducing honeypots, honeynets, or similar technology on the Village network. 13. Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). 14. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. 15. Providing information about, or lists of, the village employees to parties outside the Village. Limits of Privacy Because electronic equipment is provided for the Village's business purposes, employees using the Village's electronic equipment should have no expectation that any information transmitted over the Village's facilities or stored in the Village's computers, even deleted information, is or will remain private. These tools are owned and/or controlled by the Village and are accessible at all times by the Village without notice for maintenance, upgrades or any other business or lawful purposes. Use of passwords to gain access to the equipment or to secure particular files or messages does not imply that users have an expectation of privacy in any material created or received on the computer system. The Village has global passwords that permit it to access all

material stored on the system, regardless of whether such material has been password-protected by the user. To protect the security of the Village's electronic equipment, employees may not share passwords with others. The Village permits personal use of its electronic equipment and communication networks with the express understanding that it reserves the right to review employee use of, and to inspect all material created by or stored on, this electronic equipment, including items that have been deleted. It is essential that the Village be able to ensure that its electronic equipment, which are provided primarily for the Village's business purposes, are being used in a proper manner consistent with Village policies. For this reason, the Village reserves the right to monitor, search, retrieve and/or read any and all aspects if it’s electronic communication and network systems. Use of these systems constitutes each employee's permission for the Village to monitor communication and network systems. Use of these systems constitutes each employee's permission for the Village to monitor communications and to access files that are made on or with the Village's electronic equipment. Section 3.2 Policy 1. All use of email must be consistent with the Village policies and procedures of ethical conduct, safety, compliance with applicable laws and proper business practices. 2. The Village email account should be used primarily for the Village business-related purposes; personal communication is permitted on a limited basis, but none of the Village related commercial uses are prohibited 3. All the Village data contained within an email message or an attachment must be secured according to the Data Protection Standard. 4. Email should be retained only if it qualifies as Village business record. Email is a Village business record if there exists a legitimate and ongoing business reason to preserve the information contained in the email. 5. Email that is identified as a Village business record shall be retained at a length of time as determined by user settings and the IT Consultant. 6. The Village mail system shall not to be used for the creation or distribution of any messages that violate Village policies, including offensive comments about race, gender, hair color, disabilities, age, sexual orientation, gender identity, pornography, religious beliefs and practice, political beliefs, or national origin. Employees who receive any emails with this content from any the Village employee should report the matter to their supervisor immediately. 7. Users are prohibited from automatically forwarding the Village email to a third-party email system. Individual messages which are forwarded by the user must not contain the village confidential or above information. 8. Users are prohibited from using third-party email systems and storage servers such as Google, Yahoo, and MSN Hotmail etc. to conduct the Village business, to create or memorialize any binding transactions, or to store or retain email on behalf of the Village. Such communications and transactions should be conducted through proper channels using the Village’s approved documentation.

9. Using a reasonable amount of the Village resources for personal emails is acceptable, but non-work-related email shall be saved in a separate folder from work related email. Sending chain letters or joke emails from a village email account is prohibited. 10. Village employees shall have no expectation of privacy in anything they store, send or receive on the Village’s email system. 11. The Village may monitor messages without prior notice. The Village is not obliged to monitor email messages.

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees FROM: Rudy Espiritu, Village Administrator DATE: April 1, 2021 RE: Increasing the Number of Video Gaming Terminals Permitted at Torres Fresh Market

Background

The Village currently has six establishments that offer video gaming. Torres Fresh Market will be the seventh video gaming establishment, once their gaming machines are operational. The Village Board approved a video gaming license for Torres Fresh Market for five video gaming licenses. However they have not installed any video gaming machines until their food service section was built out. Now that it has been built out, Torres Fresh Market has now submitted a request for a 6th video gaming license.

Effective January 1, 2020, the State of Illinois allowed an increase in the maximum number of video gaming terminals to six from five terminals per licensed establishment. The Village Board may allow or not allow up to six video gaming terminals at video gaming locations, in a case by case determination at the request of each video gaming terminal license holder. For a location to increase the number of terminals, the Village Board needs to consider and act on requests on a location by location basis, per Sections 4-2-8(C)(2) and 4-2-13 of the Village Code. The Village Board has already approved requests from Fireside Eats, Elsie’s Place Café and Dotty’s to increase their number of terminals from 5 to 6.

Previous Action

The Village Board approved a video gaming license for Torres Fresh Market on August 6, 2019.

Recommendation

It is the recommendation of Village staff that the Village Board of Trustees approve an Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Video Gaming Terminals Permitted at Torres Fresh Market – 5447 St. Charles Road

Budgeted Amount

N/A Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Action

A Motion to Approve an Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Video Gaming Terminals Permitted at Torres Fresh Market – 5447 St. Charles Road

Attachments

1. Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Video Gaming Terminals Permitted at Torres Fresh Market – 5447 St. Charles Road 2. Torres request for 6th Video Gaming Machine

ORDINANCE NO. ______

AN ORDINANCE OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS INCREASING THE NUMBER OF VIDEO GAMING TERMINALS PERMITTED AT TORRES FRESH MARKET – 5447 ST. CHARLES ROAD

WHEREAS, the Village Berkeley (“Village”) is a home rule municipality pursuant to Article VII, Section 6(a) of the Constitution for the State of Illinois of 1970 with the power and authority to perform any function pertaining to its government and affairs; and

WHEREAS, pursuant to Section 4-1 of the Illinois Liquor Control, 235 ILCS 5/4-1, the Village President and Board of Trustees have the authority to determine the number, kind and classification of liquor licenses and their fees; and

WHEREAS, pursuant to Sections 25(e) and 55 of the Illinois Video Gaming Act, 230 ILCS 40/25(e) and 40/55, the Village President and Board of Trustees have the authority to determine the number and placement of video gaming terminals in the Village; and

WHEREAS, Torres Fresh Market (“Licensee”), located at 5447 St. Charles Road, Berkeley, Illinois (“Property”), holds a Class D2 liquor license issued by the Village, and the Licensee was issued a supplemental video gaming permit by the Village in 2019 pursuant to Section 4-2-13 of the Village of Berkeley Village Code, which allowed for five (5) video gaming terminals to be located on the Property; and

WHEREAS, the Licensee has requested a modification to the supplemental video gaming permit issued by the Village to allow for one (1) additional video gaming terminal at the Property in addition to the five (5) video gaming terminals allowed at the Property, to allow for up to six (6) video gaming terminals in total at the Property; and

WHEREAS, the Village President as the Local Liquor Control Commissioner has approved the application of the Licensee to allow for one (1) additional video gaming terminal at the Property in addition to the five (5) video gaming terminals allowed at the Property, to allow for up to six (6) video gaming terminals in total at the Property, subject to the approval of this Ordinance by the Village President and Board of Trustees;

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS:

SECTION 1: Incorporation. That the recitals above shall be and are incorporated in this Section 1 as if fully restated herein.

SECTION 2: Approval. That the supplemental video gaming permit issued by the Village to Licensee is hereby amended to allow for up to six (6) video gaming terminals in total at the Property.

1 SECTION 3: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 4: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.

SECTION 5: Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.

ADOPTED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Diane Salemi Raymond Grenier Sherry Graf-Stone Herb Washington Jerry Perez

APPROVED by me this 6th day of April, 2021, and attested to by the Village Clerk this same day.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form: April 6, 2021

2 Rudy Espiritu

From: Anthony Linares Sent: Saturday, March 13, 2021 8:07 AM To: Rudy Espiritu Subject: torres fresh market #5 @ 5447 St. Charles rd Berkeley IL. 60163 requesting 6th gaming license.

Rudy

Good Morning . I am writing you this email to formally request a 6th gaming license for my business location @ 5447 St. Charles Berkeley, IL. 60163. Under current restrictions we are limited to the 5.

1 Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees FROM: Rudy Espiritu, Village Administrator DATE: April 1, 2021 RE: Dream – Special Use Permit, Liquor and Video Gaming Licenses

Background

After months of working through numerous issues with the developer of Dream, the special use permit, liquor and video gaming licenses are presented to the Board for approval. Below is a synopsis of the issues we worked out with Dream:

• Allowing banquet halls/event spaces as a special use in the B-1 district • Granting a special use permit for Dream (5241 – 5245 St. Charles Road) to operate as a banquet hall/event space • Maximum capacity in the building will be 270 guests • Based on the attached parking plan, Dream is able to meet the 68-parking space requirement • Parking was probably the biggest issue regarding this development. The Planning and Zoning Commission and the developer discussed the possibility of residential parking only and requiring valet parking. However, it was determined that because the Zoning Administrator can amend the parking plan when necessary, then parking issues could be addressed as needed • Creating and issuing an A-1 liquor license allowing for on-premise consumption with no package liquor sales • Allowing up to six (6) video gaming machines

Memo from March 23, 2021 Planning and Zoning Commission (PZC) Meeting

At the last PZC meeting, the Commission was generally supportive of the Dream concept as a banquet hall/event space at 5241 – 5245 St. Charles Road. The PZC passed the text amendment to add banquet halls/event spaces as a special use. However, the PZC held off from approving the recommendation for a special use permit for a banquet hall/event space at 5241 – 5245 St. Charles Road. The Commission has concerns about the maximum capacity in the building as well as the ability for Dream to meet the parking requirement. Since that meeting, Village staff has been working through these issues and I am pleased to report that we have been able to find solutions that both the Village and developer are willing to accept. Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Capacity: When this was first discussed at the January PZC meeting, an estimated maximum capacity of 662 guests was estimated based upon the square footage of the building. The Commission asked Village staff to work with the developer to get to an accurate capacity. Since then, the Fire Department suggested a capacity of 250 guests based on the previous restaurant’s capacity, while the developer suggested a capacity of 288 guests. As a compromise, Village staff suggested a maximum capacity of 270, which the Fire Department and developer agreed to.

Parking: Now with a maximum capacity of 270 guests, using the parking requirement of 1 parking space per 4 persons, a total of 68 parking spaces would be required. Using the attached parking plan provided by the developer, Dream would have 69 parking spaces and would thereby meet the parking requirement. This parking requirement would be met by having 24 spaces on the Dream property (green color on parking map), 5 public parking spaces on Morris (orange color) and 40 public parking spaces on St. Charles Road (orange color).

Lastly, as part of this process, the Village found that Section 12-12A-11 of the municipal code requires a minimum 5-year lease for any off-site parking. Those leases would have to be approved by both the PZC and Village Board. After discussing this with Village elected officials, it was recommended that we waive this requirement as part of the special use permit and eventually amend this requirement for future developments. So, Village Staff is asking the PZC to waive this requirement as part of the special use permit. At the PZC meeting in April, we will present an amendment to the 5-year lease requirement, instead requiring a parking plan approved by the Village.

Original Memo from January 23, 2021 Planning and Zoning Commission (PZC) Meeting

The new owner of 5245 St. Charles Road, Shaun Sharma, will be presenting on his concept for the property, entitled Dream. Attached is a concept and floor plan for the property. Below are some bullet points that describes his vision and other points to consider. For this concept to occur, the Village will require the creation of a special use in zoning, creation of a Class A-1 liquor license and approval of a video gaming license.

Event Space: the upper and lower floors would provide event spaces available for rent to hold weddings, corporate events or small intimate private parties. There would be no kitchen on-site. Food would be catered and delivered. As conditions of approval, the Village could consider not allowing events to be open to the general public and prohibiting any cover charges to be collected.

Zoning: section 12-7A-2 of the zoning code would have to be amended to add banquet halls / event spaces to the list of permitted special uses in the B-1 zoning district.

Parking: the applicant has indicated that maximum capacity for this facility would be approximately six hundred sixty-two (662) people. While the Zoning Ordinance does not specify Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

the required number of parking spaces for this particular use, it would be appropriate to condition the Special Use Permit on a commonly established ratio of one (1) parking space for each four (4) persons of establishment design capacity. Using this ratio, the event space would need to provide roughly one hundred sixty-six (166) parking spaces to accommodate the maximum number of projected guests and employees. The existing site currently has twenty-five (25) on-site parking spaces. This is a significant deficiency in projected parking demand, and the owner will have to secure off-site parking agreements in order to meet its parking requirements. The owner has been in contact with adjacent businesses and will have to work out this issue before final approval by the Village Board.

Lounge: the lower floor would have a lounge with a bar to serve alcohol for events and also for the general public. The Village would have to consider the creation of a Class A-1 liquor license, allowing for on-premise consumption with no package liquor for off-premise consumption. The Village could consider limiting the hours to serve liquor to no later than midnight.

Video gaming: to maximize business opportunities, the owner is requesting to have video gaming in the lounge. This would allow the general public to enter the lounge to play video gaming. The lounge would be open every day, even when no event is scheduled.

Previous Action

Dream was discussed at the following public meetings:

• The Village Board discussed the new concept for 5245 St. Charles Road on November 17, 2020 and was supportive of the special use permit, liquor license and video gaming license. • The text amendment allowing banquet hall/event space was recommended by the Planning and Zoning Commission on January 28, 2021 • The special use permit for a banquet hall/event space at 5241 – 5245 St. Charles Road was recommended by the Planning and Zoning Commission on March 23, 2021

Recommendation

It is the recommendation of Village staff that the Village Board of Trustees approve the following ordinances to provide Dream a special use permit to operate as a banquet hall/event space and provide liquor and video gaming licenses to Dream as part of their business plan.

Budgeted Amount

N/A

Action

The following motions would be appropriate: Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

1. Motion to Approve an Ordinance Amending the Berkeley Zoning Ordinance to Allow Banquet Halls and Event Spaces in the B-1 Local Business District as Special Uses 2. Motion to Approve an Ordinance Granting a Special Use Permit to Allow a Banquet Hall and Event Space at 5241 – 5245 St. Charles Road 3. Motion to Approve an Ordinance Amending Chapter 4-2 of the Village Code of the Village of Berkeley, Cook County, Illinois Creating a New Class A1 Liquor License Classification 4. Motion to Approve an Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Class A1 Liquor Licenses and Increasing the Number of Supplemental Video Gaming Establishment Permits Relative to Dream Event Space and Modern Banquet Hall – 5241 -5245 St. Charles Road

Attachments

1. Ordinance Amending the Berkeley Zoning Ordinance to Allow Banquet Halls and Event Spaces in the B-1 Local Business District as Special Uses 2. Village of Berkeley Planning and Zoning Commission findings of fact and recommendation regarding a proposed text amendment to add banquet halls and event spaces as special uses in the B-1 Local Business District 3. Ordinance Granting a Special Use Permit to Allow a Banquet Hall and Event Space at 5241 – 5245 St. Charles Road 4. Application for special use – 5245 St. Charles Road 5. Village of Berkeley Planning and Zoning Commission findings of fact and recommendation regarding an application for a special use permit for a banquet hall and event space at 5241 – 5245 St. Charles Road, Berkeley, Illinois 6. Ordinance Amending Chapter 4-2 of the Village Code of the Village of Berkeley, Cook County, Illinois Creating a New Class A1 Liquor License Classification 7. An Ordinance of the Village of Berkeley, Cook County, Illinois Increasing the Number of Class A1 Liquor Licenses and Increasing the Number of Supplemental Video Gaming Establishment Permits Relative to Dream Event Space and Modern Banquet Hall – 5241 - 5245 St. Charles Road 8. Dream parking plan 9. Dream layout concept 10. Teska memo of the request for the 5245 St. Charles Road Parking Calculation dated March 16, 2021 11. Original Teska memo of the request for special use for a banquet/event center and associated zoning text amendments for 5245 St. Charles Road dated November 17, 2020

ORDINANCE NO. ______

AN ORDINANCE AMENDING THE BERKELEY ZONING ORDINANCE TO ALLOW BANQUET HALLS AND EVENT SPACES IN THE B-1 LOCAL BUSINESS DISTRICT AS SPECIAL USES

WHEREAS, on November 4, 2020, petitioner Dream Event Space and Modern Banquet Hall Corp. submitted an application asking that the Village’s Planning and Zoning Commission (“PZC”) consider, and hold a public hearing on, an amendment to the Village of Berkeley Zoning Ordinance (“Zoning Ordinance”) allowing banquet halls and event spaces to operate as special uses in the B-1 Local Business District (“Text Amendment”), along with a request that a special use permit be granted for a banquet hall and event space at 5241 – 5245 St. Charles Road in the Village, if the Text Amendment is approved; and

WHEREAS, the PZC held a public hearing on the Text Amendment on January 28, 2021, in compliance with Section 12-16-3 of the Zoning Ordinance, at which public hearing any persons present and wishing to speak were given an opportunity to be heard and any evidence that was tendered was received and considered by the PZC; and

WHEREAS, public notice in the form required by law was given of the public hearing before the PZC by publication not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing in a newspaper of general circulation in the Village; and

WHEREAS, after holding the public hearing, the PZC recommended that the Text Amendment be approved by a vote of three (3) in favor and one (1) against, and that the Zoning Ordinance be amended as set forth in the findings of fact and recommendation of the PZC attached hereto as EXHIBIT A and made a part hereof; and

WHEREAS, the President and Board of Trustees of the Village find that amending the Zoning Ordinance as set forth in the Text Amendment best serves the public’s health, safety and welfare, and that doing so meets the standards in Section 12- 16-5 of the Zoning Ordinance;

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Berkeley, Cook County, Illinois, as follows:

SECTION 1: Incorporation. That the recitals above shall be and are hereby incorporated in this Section 1 as if restated in this Section.

462519_2 1

SECTION 2: Amendment. That the Zoning Ordinance is amended as follows, with additions underlined:

Section 12-7A-2 of the Zoning Ordinance, entitled “Special Uses,” shall be amended to read as follows:

Animal hospitals. Banquet halls / event spaces. Daycare center. Multiple-family dwelling units, including senior citizen housing. Pawn or resale shops. Public assembly. Public utility and governmental service uses. The location, width, and lot area of each use shall be recommended by the planning and zoning commission and approved by the village board. Theaters, indoor. Undertaking establishments and funeral parlors: On a lot not less than one hundred twenty feet (120’) in width and not less than one acre in area. Other business uses similar to permitted uses listed above. Accessory uses to the above special uses including, but not limited to, off street parking, off street loading, business signs and marketing and management offices.

SECTION 3: Continuing Effect. That all parts of the Zoning Ordinance not amended in this Ordinance shall remain in effect.

SECTION 4: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 5: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.

SECTION 6: Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.

[THIS SPACE INTENTIONALLY LEFT BLANK]

462519_2 2

PASSED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April __, 2021.

462519_2 3

EXHIBIT A

FINDINGS OF FACT AND RECOMMENDATION

(attached)

462519_2 4 VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING A PROPOSED TEXT AMENDMENT TO ADD BANQUET HALLS AND EVENT SPACES AS SPECIAL USES IN THE B-1 LOCAL BUSINESS DISTRICT

WHEREAS, on November 4, 2020, petitioner Dream Event Space & Modern Banquet Hall (“Petitioner”), submitted an application for consideration of, and a public hearing on, an amendment to the Village of Berkeley Zoning Ordinance (“Zoning Ordinance”); and

WHEREAS, Petitioner requests consideration of an amendment to the Zoning Ordinance to allow banquet halls and event spaces to operate as special uses in the B-1 Local Business District (“Proposed Text Amendment”), with the text of the Proposed Text Amendment being set forth in EXHIBIT A attached hereto and made a part hereof; and

WHEREAS, the Village’s Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Proposed Text Amendment should be granted on November 24, 2020, as required by Section 12-16-3 of the Zoning Ordinance, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and

WHEREAS, public notice in the form required by law was given of the public hearing by publication not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing in a newspaper of general circulation in the Village; and

WHEREAS, at the public hearing, Petitioner presented the Proposed Text Amendment; and

WHEREAS, at the public hearing, members of the public were given an opportunity to provide testimony regarding the Proposed Text Amendment; and

WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Proposed Text Amendment and determined that it would best serve the Village if the Zoning Ordinance was amended as set forth in the Proposed Text Amendment;

NOW THEREFORE, the PZC makes the following findings of fact and recommendation pursuant to Section 12-16-3 of the Zoning Ordinance:

1. Findings of Fact. The Proposed Text Amendment meets the applicable standards for text amendment in Section 12-16-5 of the Zoning Ordinance. The Proposed Text Amendment is in the best interests of the Village, its residents and property owners.

2. Recommendation. By a vote of 3 to 1, the PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Proposed Text Amendment.

456244_1 1

______Patrick Hurley Chairperson

______January 26, 2021______Date

456244_1 2

EXHIBIT A

PROPOSED TEXT AMENDMENT

(attached)

456244_1 3 The proposed amendment to the Village of Berkeley Zoning Ordinance is set forth below, with additions underlined.

Section 12-7A-2 of the Zoning Ordinance, entitled “Special Uses,” shall be amended to read as follows:

Animal hospitals. Banquet halls / event spaces. Daycare center. Multiple-family dwelling units, including senior citizen housing. Pawn or resale shops. Public assembly. Public utility and governmental service uses. The location, width, and lot area of each use shall be recommended by the planning and zoning commission and approved by the village board. Theaters, indoor. Undertaking establishments and funeral parlors: On a lot not less than one hundred twenty feet (120') in width and not less than one acre in area. Other business uses similar to permitted uses listed above. Accessory uses to the above special uses including, but not limited to, off street parking, off street loading, business signs and marketing and management offices.

456244_1 4 ORDINANCE NO. ______

AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A BANQUET HALL AND EVENT SPACE AT 5241 – 5245 ST. CHARLES ROAD

WHEREAS, on November 4, 2020, petitioner Dream Event Space and Modern Banquet Hall Corp. (“Petitioner”), submitted the application (“Application”), attached hereto as EXHIBIT A and made a part hereof, for consideration of, and a public hearing before the Village’s Planning and Zoning Commission (“PZC”) on, a special use permit (“Special Use Permit”) pursuant to the Village of Berkeley Zoning Ordinance (“Zoning Ordinance”) to operate a banquet hall and event space at 5241 – 5245 St. Charles Road, Berkeley, Illinois, property index numbers 15-08-106-046-000 and 15-08-106- 047-0000 (“Property”); and

WHEREAS, the Application was submitted along with a request that the Village President and Board of Trustees approve a text amendment to the Zoning Ordinance to add banquet halls and event spaces as a special use in the B-1 Local Business District, which text amendment was approved by the Village President and Board of Trustees on April 6, 2021; and

WHEREAS, the Property is located on the south side of St. Charles Road in the B-1 Local Business District and is adjacent to properties to the west and east in the B-1 Local Business District, to the south to residences in the R-2 Single Family District and to the north to industrial properties in the M-1 Restricted Manufacturing District; and

WHEREAS, the PZC held a public hearing on the question of whether the Application should be granted on January 28, 2021 and March 23, 2021, as required by Section 12-17A-3 of the Zoning Ordinance, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and

WHEREAS, public notice in the form required by the Zoning Ordinance was given of the public hearing by publication not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing in a newspaper of general circulation in the Village, and by mailing notice to property owners within two hundred fifty feet (250’) of the Property, excluding distances of public roads, streets, alleys and other public ways within that radius; and

WHEREAS, at the public hearing, Petitioner presented its Application and request for the Special Use Permit; and

466637_1 1 WHEREAS, after holding the public hearing, the PZC recommended that the Application be approved and the Special Use Permit be granted, with conditions, by a vote of four (4) in favor and zero (0) against, as set forth in the findings of fact and recommendation of the PZC attached hereto as EXHIBIT B and made a part hereof; and

WHEREAS, the President and Board of Trustees of the Village find that granting the Special Use Permit, with the conditions in Section 4 below, best serves the public’s health, safety and welfare, and that doing so meets the standards in Section 12-17A-5 of the Zoning Ordinance;

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Berkeley, Cook County, Illinois, as follows:

SECTION 1: Incorporation. That the recitals above shall be and are hereby incorporated in this Section 1 as if restated in this Section.

SECTION 2: Compliance. That the Application is in the public good and in the best interest of the Village and its residents, and the Application is consistent with and fosters the purposes and spirit of the Zoning Ordinance, and the Application is also in accordance with the provisions of the comprehensive land use plan of the Village, so long as the conditions and modifications in Section 4 are met. All actions of the Village with respect to the Application are hereby ratified and confirmed.

SECTION 3: Standards. That the Application meets the standards for a special use permit in Section 12-17A-5 of the Zoning Ordinance, so long as the conditions and modifications in Section 4 are met.

SECTION 4: Application Granted, Conditions and Modifications. That the Application is granted, and the Special Use Permit for a banquet hall and event space for the Property is granted as set forth in the Application, subject to the following conditions and modifications:

A. The Property shall only operate between the hours of 7:00 A.M. and 1:00 A.M. the following day, except that (i) on Friday and Saturday the Property shall only operate between the hours of 7:00 A.M. and 2:00 A.M. the following day, and (ii) if the Village grants Petitioner a liquor license and / or a video gaming establishment permit, any sale or consumption of alcohol, or operation of a video gaming terminal, on the Property shall only occur during the hours permitted in the Village Code, as amended from time to time.

B. Noise on the Property shall be kept to a level that does not disturb residential properties in the vicinity of the Property.

C. Patrons of the Property shall not congregate or loiter outside.

466637_1 2

D. Events on the Property shall not be open to the general public, except for networking events, educational training events, corporate training events, speaking events, personal physical fitness training and supervised exercise events.

E. No cover charge, no door charge and no per-person charge shall be made for events on the Property, except for networking events, educational training events, corporate training events, speaking events, personal physical fitness training and supervised exercise events.

F. The maximum occupancy of the Property shall be two hundred seventy (270) people.

G. The Property shall not operate until a parking plan is approved by the Zoning Administrator, which plan shall have no less than sixty-eight parking spaces (68) in total, whether off-site or on-site, calculated as one (1) parking space per four (4) persons of maximum occupancy allowed in the Special Use Permit (“Parking Plan”). Parking for the Property shall comply with the Parking Plan. The Parking Plan may be amended by the Zoning Administrator from time to time. Off-site public parking spaces may be used to satisfy the parking spaces requirement. The off-site parking facilities requirements in Section 12-12A-11 of the Zoning Ordinance are waived.

H. The Special Use Permit shall be personal to Petitioner, shall not run with title to the Property and shall expire when Petitioner ceases to operate a banquet hall and event space on the Property.

I. This Ordinance shall be recorded on title to the Property at Petitioner’s expense within thirty (30) calendar days of approval of this Ordinance, with proof thereof provided to the Village.

SECTION 5: Violations. That violations of this Ordinance, including the conditions in Section 4, are punishable in accordance with the Zoning Ordinance and Village Code, with penalties including, but not being limited to, a fine of up to Seven Hundred Fifty and No/100 Dollars ($750.00) per day and / or revocation of the Special Use Permit granted herein.

SECTION 6: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 7: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.

466637_1 3

SECTION 8: Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.

PASSED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village records on April __, 2021.

The undersigned Petitioner acknowledges hereby the reasonableness of the above and foregoing terms and conditions in the Ordinance, and hereby accepts the same.

By: ______Dream Event Space and Modern Banquet Hall Corp.

Date: April __, 2021

466637_1 4

EXHIBIT A

APPLICATION

(attached)

466637_1 5

EXHIBIT B

FINDINGS OF FACT AND RECOMMENDATION

(attached)

466637_1 6

VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A BANQUET HALL AND EVENT SPACE AT 5241 – 5245 ST. CHARLES ROAD, BERKELEY, ILLINOIS

WHEREAS, on November 4, 2020, petitioner Dream Event Space and Modern Banquet Hall Corp. (“Petitioner”), submitted an application for consideration of, and a public hearing on, a special use permit (“Special Use Permit”) pursuant to the Village of Berkeley Zoning Ordinance (“Zoning Ordinance”) to operate a banquet hall and event space at 5241 – 5245 St. Charles Road, Berkeley, Illinois, property index numbers 15- 08-106-046-000 and 15-08-106-047-0000 (“Property”); and

WHEREAS, Petitioner’s request for the Special Use Permit is conditioned on the Village President and Board of Trustees approving a text amendment to the Zoning Ordinance to add banquet halls and event spaces as a special use in the B-1 Local Business District, which text amendment was requested by Petitioner, and which the Village is considering, simultaneous with Petitioner’s request for the Special Use Permit; and

WHEREAS, the Village’s Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Special Use Permit should be granted on January 28, 2021 and March 23, 2021, as required by Section 12-17A-3 of the Zoning Ordinance, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and

WHEREAS, at the public hearing, Petitioner presented its request for the Special Use Permit; and

WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Special Use Permit and determined that it would best serve the Village if the Special Use Permit were granted and a banquet hall and event space were allowed to operate on the Property, so long as the conditions in Section 2 below are met (“Conditions”);

NOW, THEREFORE, the PZC makes the following findings of fact and

456246_4 1 recommendation pursuant to Section 12-17A-3 of the Zoning Ordinance:

FINDINGS OF FACT AND RECOMMENDATIONS

1. Findings of Fact. The PZC makes the following findings of fact for the special use permit standards in Section 12-17A-5 of the Zoning Ordinance:

A. The proposed use and development will be in harmony with the general and specific purposes of this title and for the regulations of the district in question and with the purposes and intent of the comprehensive plan.

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because proposed banquet hall and event space will otherwise meet the requirements of the B-1 Local Business District, and is consistent with the Commercial TOD Mixed-Use future land use designation in the Village’s Comprehensive Plan, which provides:

This land use designation has been applied to much of the St. Charles Road corridor, where the emphasis will be on restaurant and commercial retail uses, with new residential uses possible on upper floors. Because of the proximity to transit in the form of Pace bus Service and the nearby Berkeley Metra station and the traffic characteristics of St. Charles Road and its interchange with I-290, this area allows the highest development densities, consistent with economic development objectives and TOD principles.

B. The proposed use, drainage, and development will not have a substantial undue adverse effect upon adjacent properties, the character of the area, or adversely impact the public health, safety and welfare.

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because Petitioner did not provide information indicating any significant redevelopment of the existing building and/or site configuration.

C. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring properties in accordance with the applicable district regulations.

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because the Property is located on St. Charles Road, a major thoroughfare, and plans to operate its banquet hall and event space uses in a way that is respectful of, and sensitive to, residential uses to the south.

D. The proposed use will be adequately served by essential public facilities

456246_4 2 and services, such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because the proposed banquet hall and event space is not anticipated to make high demands on public facilities and services, and because the existing building on the Property was previously used as a restaurant, and public facilities and infrastructure is sufficient to accommodate the proposed use.

E. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because the Property is located on St. Charles Road, a major arterial corridor. As such, traffic to and from the property is expected to primarily come and go from St. Charles Road.

Petitioner indicated that maximum capacity for this facility would be approximately six hundred sixty-two (662) people. The PZC finds, based on a recommendation from the Village, and with the agreement of Petitioner, that a maximum capacity of two hundred seventy (270) people is appropriate, given parking constraints in the vicinity of the Property. While the Zoning Ordinance does not specify the required number of parking spaces for this particular use, it would be appropriate to condition the Special Use Permit on a commonly established ratio of one (1) parking space for each four (4) persons of establishment design capacity. This is a more generous ratio, meaning less required parking, when compared to the Village’s established ratio for “eating and drinking places” (one (1) for each two (2) employees, plus one (1) for each three (3) persons of establishment design capacity per Section 12-12A-12 of the Zoning Ordinance).

Using this one (1) space per four (4) persons ratio, the Property would need to provide sixty-eight (68) parking spaces, with a maximum capacity of two hundred seventy (270) people, to accommodate the maximum number of projected guests and employees. The existing site currently has twenty-five (25) on-site parking spaces and the remaining parking spaces are available on public rights-of-way in the vicinity of the Property. In order to insure that parking for guests and employees related to the Property does not adversely impact the area around the Property, it is recommended that the Zoning Administrator review, modify and approve a parking plan for the Property, and that the Zoning Administrator have the authority to modify the parking plan from time to time, as needed.

F. The proposed use and development will comply with all additional standards imposed on it by the provisions of this title or any special conditions imposed by

456246_4 3 the corporate authorities

Finding of Fact: The PZC finds that this standard has been met, so long as the Conditions are met, because the Zoning Ordinance and Village of Berkeley Village Code will apply to the maintenance and use of the Property even if the requirements of the Special Use Permit are met.

2. Conditions. The PZC recommends that the Village President and Board of Trustees condition approval of the Special Use Permit as follows, along with whatever additional conditions the Village President and Board of Trustees determine are appropriate:

B. Noise on the Property shall be kept to a level that does not disturb residential properties in the vicinity of the Property.

C. Patrons of the Property shall not congregate or loiter outside.

F. The maximum occupancy of the Property shall be two hundred seventy (270) people.

G. The Property shall not operate until a parking plan is approved by the Zoning Administrator, which plan shall have no less than sixty-eight parking spaces (68) in total, whether off-site or on-site, calculated as one (1) parking space per four (4) persons of maximum occupancy allowed in the Special Use Permit (“Parking Plan”). Parking for the Property shall comply with the Parking Plan. The Parking Plan may be amended by the Zoning Administrator from time to time. Off- site public parking spaces may be used to satisfy the parking spaces requirement. The off-site parking facilities requirements in Section 12-12A-11 of the Zoning Ordinance are waived.

456246_4 4

H. The Special Use Permit shall be personal to Petitioner, shall not run with title to the Property and shall expire when Petitioner ceases to operate a banquet hall and event space on the Property.

3. Recommendation. By a vote of 4 to 0, the PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Special Use Permit for a banquet hall and event space on the Property, subject to the Conditions.

______Patrick Hurley Chairperson

______March 23, 2021______Date

456246_4 5 ORDINANCE NO. ______

AN ORDINANCE AMENDING CHAPTER 4-2 OF THE VILLAGE CODE OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS CREATING A NEW CLASS A1 LIQUOR LICENSE CLASSIFICATION

WHEREAS, the Village has adopted regulations regarding alcoholic beverages and liquor licenses in the Village in Chapter 4-2 of the Village of Berkeley Village Code (“Village Code”); and

WHEREAS, the President and Board of Trustees of the Village find that amending the regulations regarding liquor licenses in the Village as set forth below best serves the health, safety and welfare of the Village and its residents;

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Ordinance.

SECTION 2: Amendments. That the Village Code is hereby amended as follows, with additions underlined and deletions struck through:

Amendment One:

Section 4-2-8.A. of the Village Code, entitled “Classes Established,” is hereby amended as follows:

1. Class A, Full Liquor: Class A licenses shall authorize the retail sale on the premises specified of alcoholic liquors for consumption on said premises, and package sales for consumption off the premises where sold.

2. Class A1, Full Liquor On Premises: Class A1 licenses shall authorize the retail sale of alcoholic liquors for consumption only on the premises specified.

2 3. Class B, Beer/Wine: Class B licenses shall authorize the retail sale of beer and wine for consumption only on the premises specified.

466922_1 1 3 4. Class C, Club Consumption On Premises: Class C licenses shall authorize the retail sale of alcoholic liquors for consumption only on the premises in any "club", as defined in this chapter.

4 5. Class D, Full Package Sale (Liquor Store): Class D licenses shall authorize the retail sale of alcoholic liquors only in original packages for consumption off the premises and not for consumption on the premises where sold.

5 6. Class D1, Full Package Sale (Food And Convenience Store): Class D1 licenses are issued only to establishments where the sale of alcoholic liquor is not the principal business as defined in this chapter which shall authorize the retail sale of alcoholic liquors only in original packages for consumption off the premises and not for consumption on the premises where sold.

6 7. Class D2, Full Liquor Consumption On Premises (Food And Convenience Store): Class D2 licenses shall authorize the retail sale of alcoholic liquors for consumption on an authorized portion of the premises of D1 license holders. A Class D2 license may only be issued to a holder of a Class D1 license for the same establishment identified in a Class D1 license.

7 8. Class E, Beer And Wine Package Sale (Liquor Store): Class E licenses shall authorize the retail sale of beer and wine only in original packages for consumption off the premises and not for consumption on the premises where sold.

8 9. Class E1, Beer And Wine Package Sale (Food And Convenience Store): Class E1 licenses are issued only to establishments where the sale of alcoholic liquor is not the principal business as defined in this chapter which shall authorize the retail sale of beer and wine only in original packages for consumption off the premises and not for consumption on the premises where sold.

9 10. Class F, Restaurant Full Liquor: Class F licenses are issued only to establishments where the sale of alcoholic liquor is not the principal business as defined in this chapter which shall authorize the retail sale of alcoholic liquor for consumption only on the premises and only when such sale is incidental to the sale and service of food eaten on the premises.

10 11. Class G, Restaurant Beer And Wine: Class G licenses are issued only to establishments where the sale of alcoholic liquor is not the principal business as defined in this chapter which shall authorize the retail sale of beer and wine for consumption only on

466922_1 2 the premises and only when such sale is incidental to the sale and service of food eaten on the premises. It shall be unlawful for any holder of a Class G license to sell or give alcoholic liquor to a patron who does not also order food.

11 12. Class H, Special Event: Class H licenses shall authorize the retail sale of alcoholic liquor only for consumption on the premises for special events as defined by this chapter.

12 13. Class I, Caterers Full Liquor: Class I licenses shall authorize the sale of alcoholic liquors for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Village business license. Catering establishments must have food service available when liquor is being served.

13 14. Class J, Caterers Beer/Wine: Class J licenses shall authorize the sale of beer and wine for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Village business license. Catering establishments holding Class J licenses must have food service available when beer and wine are being served.

14 15. Class K, Temporary Off Premises: Class K licenses shall authorize a holder of a license to sell alcohol for consumption at a designated premises other than the licensee's licensed premises for a specific period not to exceed three (3) days.)

15 16. Class L, Temporary Tasting: Class L licenses shall authorize a holder of a license to provide small quantity samplings of alcoholic liquor for on premises tasting purposes only in conjunction with a sales promotional effort. Said license shall not exceed more than a six (6) hour period, and no more than one license per week shall be issued to any licensee. All such tastings must take place in a designated area of the licensed premises and shall be supervised by a person who has completed an alcohol sales and service training program.

16 17. Class M, BYOB: Class M licenses authorize a restaurant to allow the consumption of wine not purchased from the restaurant but brought to the restaurant by a customer under the provisions set forth in this chapter.

466922_1 3 Amendment Two:

Section 4-2-8.B. of the Village Code, entitled “License Fees and Number Established,” is hereby amended by adding the following row to the table therein:

Class Maximum Number Of Licenses Which May Be Issued Class A1, full 0 liquor on premises only

Amendment Three:

Section 4-2-8.C.2. of the Village Code, entitled “Video Gaming,” is hereby amended as follows:

a. It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor, except as otherwise provided in this Chapter.

b. Only licensees licensed to sell alcoholic liquor with a Class A, A1, B, C, D2, F or G liquor license are authorized to obtain a supplemental video gaming establishment permit to operate video gaming terminals at the licensed location and only when licensed by the Illinois Gaming Board pursuant to the provisions of the Illinois Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., as amended, and in accordance with this Chapter.

c. Liquor licensees with supplemental video gaming establishment permits shall comply with the regulations contained in Section 4-2- 13 of this Chapter.

d. There shall be no more than seven (7) supplemental video gaming establishment permits issued by the Local Liquor Control Commissioner as part of the liquor license process.

Amendment Four:

Section 4-2-12.B. of the Village Code, entitled “Hours For Sale Or Consumption,” is hereby amended as follows:

It shall be unlawful to keep open for business or admit or allow the public, patrons and customers on the premises, or sell or permit to be sold, offer for sale, give away or permit to be consumed any alcoholic liquor, nor shall any alcoholic liquor be exposed upon such premises in any open individual serving container including,

466922_1 4 but not limited to, glasses and bottles beyond fifteen (15) minutes after the prescribed closing time for such licensed premises during the following hours:

1. Classes A, A1, B and C: Monday through Thursday, from ten o'clock (10:00) A.M. to one o'clock (1:00) A.M. on the following day; Friday and Saturday, from ten o'clock (10:00) A.M. through two o'clock (2:00) A.M. on the following day; Sunday, from eleven o'clock (11:00) A.M. through one o'clock (1:00) A.M. on the following day.

2. Classes D and E: Monday through Saturday, from eight o'clock (8:00) A.M. through eleven o'clock (11:00) P.M.; Sunday, from eleven o'clock (11:00) A.M. through eleven o'clock (11:00) P.M.

3. Class D2: Monday through Sunday, from eleven o’clock (11:00) A.M. through eight o’clock (8:00) P.M.

4. Classes F, G, I, J, and M: Monday through Thursday, from ten o'clock (10:00) A.M. through eleven o'clock (11:00) P.M.; Friday and Saturday, from ten o'clock (10:00) A.M. through twelve o'clock (12:00) midnight; Sunday, from eleven o'clock (11:00) A.M. through eleven o'clock (11:00) P.M.

5. Class H: As approved by the liquor control commissioner.

Amendment Five:

The Village’s “Annual Fee Schedule,” adopted pursuant to Section 3-1-4 of the Village Code, is hereby amended by the addition of the following line item in the “Liquor License Classifications and Fees” section therein:

Class A1 – Full Liquor Consumption on Premises $950.00 Annual

SECTION 3: Continuing Effect. That all parts of the Village Code not amended herein shall remain in effect.

SECTION 5: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.

466922_1 5 SECTION 6: Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.

PASSED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April 6, 2021.

466922_1 6 ORDINANCE NO. ______

AN ORDINANCE OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS INCREASING THE NUMBER OF CLASS A1 LIQUOR LICENSES AND INCREASING THE NUMBER OF SUPPLEMENTAL VIDEO GAMING ESTABLISHMENT PERMITS RELATIVE TO DREAM EVENT SPACE AND MODERN BANQUET HALL – 5241 – 5245 ST. CHARLES ROAD

WHEREAS, pursuant to section 5/4-1 of the Liquor Control Act of 1934, as amended, 235 ILCS 5/1-1, et seq., the Village’s corporate authorities have the power to determine the number, kind and classification of liquor licenses and their fees; and

WHEREAS, Dream Event Space and Modern Banquet Hall Corp. (“Licensee”), located at 5241 – 5245 St. Charles Road, Berkeley, Illinois (“Property”) has applied to the Village for a Class A1 liquor license and for a supplemental video gaming establishment permit, relative to the consumption of alcoholic liquor on the Property and the operating of video gaming terminals on the Property; and

WHEREAS, the Village President as the Local Liquor Control Commissioner may approve the application of the Licensee for a Class A1 liquor license and for a supplemental video gaming establishment permit on the Property, to allow for up to six (6) video gaming terminals in total at the Property, subject to the approval of a Class A1 liquor license and an additional supplemental video gaming establishment permit by the Village Board of Trustees and the Village President as the Local Liquor Control Commissioner;

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS:

SECTION 1: Incorporation. The recitals above shall be and are incorporated in this Section 1 as if fully restated herein.

SECTION 2: Amendments. That the Village of Berkeley Village Code is hereby amended as follows, with additions underlined and deletions struck through:

Amendment One:

The table in Section 4-2-8.B. of the Village Code, entitled “License Fees and Number Established,” is hereby amended to add the following new row:

Class Maximum Number Of Licenses Which May Be Issued Class A1 0 1

466639_1 1 Amendment Two:

Section 4-2-8.C.2.d. of the Village Code is hereby amended as follows:

There shall be no more than seven (7) eight (8) supplemental video gaming establishment permits issued by the Local Liquor Control Commissioner as part of the liquor license process.

SECTION 3: Terminal Limitation. That if the Licensee is granted a supplemental video gaming establishment permit by the Village President as the Local Liquor Control Commissioner, the Licensee is permitted to operate up to six (6) video gaming terminals on the Property.

SECTION 4: Continuing Effect. That all parts of the Village Code not amended herein shall remain in effect.

SECTION 5: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 6: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.

SECTION 7: Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.

PASSED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

466639_1 2

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April __, 2021.

466639_1 3 The owner of the property shall use its best efforts to have patrons of the property park their vehicles in the 68 parking spaces depicted in orange and dark green on the parking map. The owner of the property shall also provide this parking map to patrons of the property, showing preferred parking locations.

Community Planning + Site Design + Development Economics + Landscape Architecture

TO: Rudy Espiritu, Village Administrator

FROM: Pete Iosue, AICP, Senior Planner

DATE: March 16, 2021 revised

RE: 5245 Saint Charles Road Parking Calculation

Rudy, I have reviewed the email responses from the applicant regarding parking at the proposed 5245 Saint Charles Road facility.

At the time of my original memo, I had limited information available regarding the proposed event space and calculated an estimated maximum capacity of 662 guests (plus 4 employees), and I used a typical parking requirement of 1 space per 4 guests (plus 1 space per 2 employees). I concluded a maximum parking requirement of 166 spaces for this facility. There are currently 25 parking spaces available on the property.

The applicant has recently provided the following information regarding the capacity of the building:

Standing Gaming Total Dining Space APPLICANT Room Capacity Space Capacity Capacity Capacity (sq.ft.) (sq.ft./person) ESTIMATE (sq.ft./person) (sq.ft./person) 1st Floor 1,720 7 246 11 156 15 115 12 143 2nd Floor 1,440 7 206 11 131 15 96 12 120 Lounge 384 7 55 11 35 15 26 12 32 Total 3,544 506 322 236 295

As shown in the table above, using the numbers provided by the applicant, the maximum capacity of the building falls in the range of 236 persons to 506 persons. The applicant suggests using a maximum capacity of 288 persons (my calculation using his estimate comes to 295 persons). The applicant admits that his estimate is a “conservative” number, and there is “ample space for more” capacity.

Using a standard parking requirement of 1 parking space per 4 persons, the maximum number of parking spaces required will fall in the range of 59 to 127, as shown in the table below. The applicant suggests using an estimate of 72 required parking spaces (my calculation comes to 74 spaces).

Capacity 1 space/4 guests Required Parking Spaces 506 0.25 127 322 0.25 81 236 0.25 59 295 0.25 74

Teska Associates, Inc. 24103 West Lockport Street, Unit 107, Plainfield, Illinois 60544 voice 815.436.9485 www.TeskaAssociates.com Page 2 of 3

Discussions with between Village staff and the applicant have determined the maximum building capacity to be limited to 270 persons, which would therefore require a total of 68 parking spaces to be provided.

Regarding the required parking, the applicant states that the analysis of required parking is “not required for this zoning or occupancy discussion.” However, Sec.12-12A-3: LOCATION OF REQUIRED PARKING SPACES clearly states that “… parking spaces required by this Article shall be located on the same zoning lot as the use to which they are accessory.” The fact that the requested use is not a permitted use within the Village of Berkeley, and the ability to provide adequate parking for such use cannot be accommodated on the property, is the reason the Village is requiring the petition to utilize the special use process to address these issues.

In addition, Section 12-12A-11: CONTROL OF-SITE PARKING FACILITIES currently requires that any off-site parking (parking that is not provided on the same zoning lot) is within 300 ft. of the subject property and either be under the same ownership or have secured a minimum 5-year lease with an option to renew for another 5- year period. The applicant indicates that there are more than 153 parking spaces within 300ft of the property, as shown on the diagram below, including public parking spaces and private businesses, and suggests that these parking spaces be used in the calculation for required parking. Such shared or collective parking arrangements are becoming more common, and I generally support such arrangements in order to reduce unnecessary expanses of paved areas, where appropriate. Documentation of secured agreements should be provided by the applicant to meet this requirement.

Green: on-site parking Orange: street parking (IDOT) Yellow: neighboring business parking

Teska Associates, Inc. 24103 West Lockport Street, Unit 107, Plainfield, Illinois 60544 voice 815.436.9485 www.TeskaAssociates.com Page 3 of 3

While I do generally support the proposed special use, I have a few remaining concerns regarding parking:

1. The applicant’s estimated capacity is admitted to be on the conservative side. Even though this may be the typical scenario, an event exceeding this capacity could require substantially more parking. I would recommend the Village establish a maximum capacity for the building not to exceed what can be accommodated by documented off-site parking arrangements. Village staff, including the fire department, have recommended a maximum building capacity of 270 persons.

2. The applicant has suggested that off-site parking arrangements to accommodate the required 68 parking spaces have been, or are being, secured. The special use should not be approved until such agreements are reviewed and approved by the Village, in accordance with Section 12-12A-11 as outlined above. These off-site parking requirements may be modified or waived by the Village as appropriate, as a part of the special use process.

3. The applicant should ensure that adequate pedestrian access is provided from any off-site parking arrangements to the event facility to ensure public safety.

4. If the special use is approved, it should be limited to the current applicant/property owner, and not be transferred to another owner, unless such off-site parking arrangements are maintained.

If you have any additional questions or concerns, please let me know.

Teska Associates, Inc. 24103 West Lockport Street, Unit 107, Plainfield, Illinois 60544 voice 815.436.9485 www.TeskaAssociates.com

TO: Rudy Espiritu, Village Administrator Village of Berkeley

FROM: Pete Iosue, AICP, Senior Planner Francie Sallinger, Associate Planner

DATE: November 17, 2020 (revised)

RE: Request for Special Use for a ‘Banquet/Event Center’ and associated Zoning Text Amendments for 5245 Saint Charles Road

Teska has reviewed the application for a special use for the subject property, commonly known as 5245 Saint Charles Road (PINs 15-08-106-046 and 15-08-106-047). The applicant, Dream Event Space & Modern Banquet Hall, is requesting a change to the Village zoning code to allow “Banquet/Event Space” (with a full liquor license and gaming) as a special use in the B-1 District. The B-1 district currently allows restaurants and other dining establishments but does not specifically allow for banquet or event space.

5245 Saint Charles Road (PINs 15-08-106-046 and 15-08-106-047)

PROPOSED ZONING TEXT AMENDMENTS

Two (2) separate zoning text amendments are suggested in order to accommodate the proposed banquet/event center use in the B-1 zoning district, including the following:

1. Amend Section 12-7A-2: Special Uses to add “banquet/event center” to the list of permitted special uses in the B-1 zoning district; and

2. Amend Section 12-12A-12: Required Parking Spaces to add “banquet/event center” to the list of uses requiring parking, and to include a recommended parking standard of one (1) required parking space per four (4) patrons, plus an additional one (1) required parking space per two (2) employees, for such uses.

AMENDMENTS STANDARDS (Section 12-16-5: Standards)

Section 12-16-5 of the Village of Berkeley Zoning Ordinance establishes the standards for amending the zoning ordinance, as outlined below:

The wisdom of amending the zoning map or the text of this title is a matter committed to the legislative discretion of the corporate authorities and is not dictated by any set standards. However, in determining whether a proposed amendment should be granted or denied, the corporate authorities should be guided by the principle that its power to amend this title is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the corporate authorities should weigh the following factors:

A. Existing uses and zoning classifications of properties in the vicinity of the subject property; Property to the east and west is zoned commercial (B-1). B. Trend of development in the vicinity of the subject property; C. Extent to which the value of the subject property is diminished by the existing comprehensive plan designation or zoning classification; D. Extent to which such diminution in value is offset by an increase in the public health, safety, and welfare; E. Extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment; F. Extent, if any, to which the value of adjacent properties would be affected by the proposed amendment; G. Extent, if any, to which future orderly development and redevelopment of adjacent properties would be affected by the proposed amendment; H. Suitability of the subject property for uses permitted or permissible under its present comprehensive plan designation or zoning classification; I. Availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment; J. Availability of adequate public utilities and essential public services to the subject property to accommodate the uses permitted or permissible under the present comprehensive plan designation or zoning classification;

K. Length of time that the subject property has been vacant or underutilized, in consideration of the context of the pace of development and redevelopment in the vicinity of the subject property; and L. Community's need for the proposed map amendment and for the uses and development that it would allow. The above standards are generally appropriate for evaluating a zoning map amendment but are not particularly relevant for a zoning text amendment. The proposed zoning text amendments would apply to the Village as a whole, and not to just one particular property. The proposed addition of ‘banquet/event center’ as a special use in the B-1 district is consistent and complimentary to the existing permitted uses in the B-1 zoning district, and is also consistent with the Village’s comprehensive plan. The proposed use would be a benefit to the residents of the Village as no such similar uses are located within or near to the Village of Berkeley. The proposed amendment to the zoning ordinance to add ‘banquet/event center’ to the permitted use list in the B-1 zoning district is reasonable. However, this use should be treated as a special use, as the anticipated parking demand is higher than typical commercial uses and a special use hearing will allow for the Village to consider such a request on a case-by-case manner. In addition, due to the increased parking demand of such uses, the associated parking standards should also be amended to include “banquet/event center” to the parking table. A standard of one (1) required parking space per four (4) customers, plus one (1) required parking space per two (2) employees is typical for such uses and is recommended.

SPECIAL USE STANDARDS (per Section 12-17A-5: Standards):

The applicant is requesting a special use for an event space within the B-1 zoning district. This request is dependent upon the Village successfully amending the Zoning Ordinance to add ‘Banquet/Event Space’ as an allowable special use in the B-1 zoning district. If the Village’s request for a zoning text amendment is not approved, the proposed special use cannot be granted.

Section 12-17A-5 of the Village of Berkeley Zoning Ordinance establishes the standards for granting a special use, as outlined below:

The proposed use (event space) will otherwise meet the requirements of the B-1 zoning district, and is consistent with the Commercial TOD Mixed-Use future land use designation in the Comprehensive Plan:

“This land use designation has been applied to much of the St. Charles Road corridor, where the emphasis will be on restaurant and commercial retail uses, with new residential uses possible on upper floors. Because of the proximity to transit in the form of Pace bus Service and the nearby Berkeley Metra station and the traffic characteristics of St. Charles Road and its interchange with I‐ 290, this area allows the highest development densities, consistent with economic development objectives and TOD principles.”1

The applicant did not provide information indicating any significant redevelopment of the existing building and/or site configuration.

The applicant did not provide information related to any specific operations that might interfere with surrounding uses. However, it should be noted that an event space is likely to have customers arriving and departing around roughly the same time – this is different from other surrounding uses (i.e. restaurants, nail salon, auto supply, etc.) in which customers come and go at different times.

D. The proposed use will be adequately served by essential public facilities and services, such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services;

The existing building was previously used as a restaurant, and public facilities and infrastructure is sufficient to accommodate the proposed ‘banquet/event center’ use.

E. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets;

1 Village of Berkeley Comprehensive Plan, 2009. https://www.berkeley.il.us/vertical/Sites/%7BB4877CC9-5533- 47FA-94DE-B3C09F1665AB%7D/uploads/Comprehensive_Plan_-Adopted.pdf

As noted in Section C above, an event space can be expected to attract heavy traffic for the short time periods around the start and end times of a given event. Parking for customers and employees is another significant concern.

The applicant has indicated that maximum capacity for this facility would be 662 people. They shared the following projected calculations relating to building capacity: 1st floor (374 people maximum if standing, reception style), 2nd floor (224 people maximum), and lounge space (60 people maximum). In sum, this totals a maximum of 658 customers plus 4 additional staff persons, as indicated to be expected by the applicant.

While the Village zoning code does not specify the required number of parking spaces for this particular use, we would suggest using a commonly established ratio of 1 parking space for each 4 persons of establishment design capacity. This is a more generous ratio (i.e. less required parking) when compared to the Village’s established ratio for “eating and drinking places” (1 for each 2 employees, plus 1 for each 3 persons of establishment design capacity. Section 12-12A-12).

Using this 1 space per 4 persons ratio, the event space would need to provide roughly 166 parking spaces to accommodate the maximum number of projected guests and employees. The existing site currently has 25 on-site parking spaces. This is a significant deficiency in projected parking demand.

The applicant has indicated that they are pursuing shared parking opportunities with surrounding properties. The Village zoning code does not currently specify a process for shared parking agreements, but such arrangements can help to alleviate overflow parking. Morris Avenue, the primarily residential north/south street adjacent to the subject property, appears to allow on-street parking. However, this could draw complaints from residents if traffic and parking becomes a disturbance to the residential neighborhood.

Also, section 12-12A-11: CONTROL OF OFF SITE PARKING FACILITIES of the Zoning Code states:

• Maximum Distance Between Principal Use And Off Site Parking: In no event shall off site parking be more than three hundred (300) linear feet, as measured along: 1) the common street frontage; or 2) as measured from the nearest property line on each lot between the principal use served and the off site parking lot property.

F. The proposed use and development will comply with all additional standards imposed on it by the provisions of this title or any special conditions imposed by the corporate authorities.

The proposed reuse of the building as a ‘banquet/event center’ will otherwise comply with all relevant standards of the Village of Berkeley Zoning Ordinance and other applicable codes and ordinances.

RECOMMENDATION

The proposed addition of ‘banquet/event space’ to the list of special uses in the B-1 zoning district (Section 12-7A-2: Special Uses) is reasonable and compatible with other uses in the B-1 zoning district. Due to the potential excessive parking demands of such a use as compared to typical commercial/retail uses within the B-1 zoning district, classification as a special use, as opposed to a permitted use, is appropriate in order to allow consideration of such uses individually on a case-by-case basis. In addition, if ‘banquet/event center’ is added to the use list as a special use, associated parking standards should also be provided (Section 12-12A-12: Required Parking Spaces). A standard of one (1) parking space per four (4) customers, plus one (1) parking space per two (2) employees is recommended.

The proposed special use for a ‘banquet/event center’ at 5245 St. Charles Road would reutilize an existing vacant commercial building and provide a valuable and needed service to the residents of Berkeley. However, the current site configuration does not provide adequate parking for the proposed use. The applicant should confirm their projected capacity and employee calculations. If these remain accurate, or even if they decrease substantially, the applicant will need to identify a plan for providing any required parking over and above the existing 25 spaces currently available on-site. Using current projections (as provided by the applicant), they would need to provide up to 141 additional spaces to serve the maximum capacity of the proposed event space so as not to create significant negative impacts on the surrounding business properties and residential neighbors.

Teska recommends approval of the proposed special use for an ‘event/banquet center’ at 5245 St. Charles Road, subject to the following conditions:

1. Amendment of the Zoning Ordinance to add ‘event/banquet center’ to the list of special uses in the B-1 zoning district (Section 12-7A-2: Special Uses). 2. Noise on the Property shall be kept to a level that does not disturb residential properties in the vicinity of the Property. 3. Patrons of the Property shall not congregate or loiter outside. 4. Events on the Property shall not be open to the general public, except for personal physical fitness training and supervised exercise events. 5. No cover charge, no door charge and no per-person charge shall be made for events on the Property, except for personal physical fitness training and supervised exercise events. 6. The banquet hall and event space on the Property shall not operate without a parking plan approved by the Zoning Administrator, which plan shall have no less than one (1) parking space per four (4) customers, plus one (1) parking space per two (2) employees, of its maximum capacity. Off site parking facilities, in compliance with Section 12-12A-11 of the Zoning Ordinance, may be used to satisfy this requirement.

If both the special use and text amendment are approved, the Village should also consider amending the Zoning Ordinance in the future to add the recommended parking standard to the table in Section 12-12A- 12: Required Parking Spaces.

If the Plan Commission agrees with the findings and recommendations of this report, then we recommend that the Plan Commission adopt this report as its preliminary Findings of Fact.

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees FROM: Rudy Espiritu, Village Administrator DATE: April 1, 2021 RE: Text Amendment Changes Regarding Off Site Parking Requirements

Background As staff was reviewing the municipal code requirements as part of the Dream banquet hall and event space, some requirements for off site parking were found to be in need of amendments. The proposed amendments will make changes to the following:

• Off Site Parking Plan: Section 12-12A-11.B currently requires off site parking spaces to be provided through a five (5) year lease, with an option to renew for another five (5) years. These leases would need to be reviewed by the Planning and Zoning Commission and approved by the Village Board. It seemed that requiring a five (5) year lease might be excessive for a potential business. In lieu of a five (5) year lease, the proposed amendment would allow parking requirements to also be satisfied by submittal of a parking plan approved by the Village’s Zoning Administrator. The parking plan may be approved, conditioned, modified and revoked by the Zoning Administrator from time to time. • Parking Space Requirement for banquet halls and events spaces: Now that banquet halls/event spaces have been added as a permitted use in the B-1 District, it is recommended to add the parking space requirements to the municipal code. The proposed amendment to Section 12-12A-12A would require 1 space for each 4 person of maximum occupancy. This is the same parking requirement used for Dream.

The resolution, included in the backup, allows the proposed text amendment to move to the Planning and Zoning Commission for a public hearing for its consideration and recommendation.

Recommendation Staff recommends that the Village Board approve a Resolution Authorizing the Submission of Proposed Zoning Ordinance Text Amendments to the Village of Berkeley Zoning Ordinance Regarding Off Site Parking Space Requirements.

Previous Action None

Budgeted Amount N/A

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Action A Motion to Approve a Resolution Authorizing the Submission of Proposed Zoning Ordinance Text Amendments to the Village of Berkeley Zoning Ordinance Regarding Off Site Parking Space Requirements.

Attachments

1. Resolution Authorizing the Submission of Proposed Zoning Ordinance Text Amendments to the Village of Berkeley Zoning Ordinance Regarding Off Site Parking Space Requirements. RESOLUTION NO. ______

A RESOLUTION AUTHORIZING THE SUBMISSION OF PROPOSED ZONING ORDINANCE TEXT AMENDMENTS TO THE VILLAGE OF BERKELEY ZONING ORDINANCE REGARDING OFF SITE PARKING SPACE REQUIREMENTS

WHEREAS, the Village President and the Board of Trustees are authorized by Section 12-16-2 of the Village’s Zoning Ordinance to submit proposed amendments to the Zoning Ordinance to the Planning and Zoning Commission for a public hearing, consideration and a recommendation; and

WHEREAS, the public health, welfare, and safety of the residents of the Village will benefit from the consideration by the Village’s Planning and Zoning Commission of amendments to the Zoning Ordinance regarding off site parking space requirements;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, ILLINOIS AS FOLLOWS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.

SECTION 2: Submittal of Proposed Text Amendments. That the President and Board of Trustees of the Village direct the Village Administrator, or his designees, to submit the following proposed text amendments to the Zoning Ordinance to the Planning and Zoning Commission for a public hearing, consideration and a recommendation, pursuant to the provisions of Chapter 12-16 of the Zoning Ordinance:

Amendment One:

Section 12-12A-11.B. of the Zoning Ordinance shall be amended to read as follows, with additions underlined and deletions struck through:

Parking Plan or Lease Agreement: As an alternate, the required off site parking spaces may be provided either through (1) a parking plan approved by the Zoning Administrator, which parking plan the Zoning Administrator may approve, condition, modify and revoke the parking plan from time to time; or (2) a five (5) year lease, with an option to renew for another five (5) years if the business is still in operation, which . The lease shall be reviewed by the Planning and

466980_1 1 Zoning Commission and must be approved by the Corporate Authorities.

Amendment Two:

The table in Section 12-12A-12.A. of the Zoning Ordinance shall be amended to add the following line item under item 5, titled “Services:”

Use Required Spaces Banquet hall / event space 1 space for each 4 persons of maximum occupancy

SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed.

SECTION 5: Effectiveness. That this Resolution shall be in full force and effect upon its adoption and approval according to law.

ADOPTED this 6th day of April 2021, pursuant to a roll call vote of the President and Board of Trustees as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

466980_1 2

Published in pamphlet form this 6th day of April 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April __, 2021.

466980_1 3 Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees FROM: Justyn Miller, Assistant to the Village Administrator DATE: April 2, 2021 RE: FY 2021 – 2022 Budget Adoption Ordinance

Background

As presented during the Budget Workshop on February 16, 2021, the General Fund for FY 2021 – 2022 is anticipated to be balanced where revenues slightly exceed expenditures, resulting in a surplus of $6,137. This is continued welcome news, as previous budgets were submitted or ended in deficits. The fund balance in the General Fund is estimated to go from $2,363,431 this fiscal year to $2,369,569 next fiscal year because of this surplus, keeping in line with the Village’s fund balance policy. The fund balance policy requires the Village to maintain a 25% fund balance. The $2,369,569 in fund balance keeps the Village at a 42.8% fund balance.

A public hearing regarding the proposed FY 2021 – 2022 Budget, which is required by State Law, pursuant to the Budget Act, was conducted on March 16, 2021. It should be noted that the negative financial effects of the COVID-19 pandemic on the Village were blunted by the CARES Act money received. Since the February 16, 2021 budget workshop minor changes were made to the budget and these changes are outlined in the memo backup attached. It is anticipated that staff might possibly submit an amended budget to the Village Board once an intergovernmental agreement with the Illinois State Tollway Highway Authority is finalized.

Previous Action

The public hearing regarding the proposed FY 2021 – 2022 budget occurred at the Village Board meeting on March 16, 2021. The draft budget was presented to the Mayor and Board of Trustees as part of the Budget Workshop on February 16, 2021.

Recommendation

It is the recommendation of Village staff that the Village Board of Trustees adopt the FY 2021 - 2022 Budget as presented. The annual budget must be adopted by the Village Board before the beginning of the fiscal year, as required by Chapter 65 of the Illinois Compiled Statutes and Chapter 3 of the Berkeley Code.

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Budgeted Amount

The General Fund is projected to have $5,540,646 in revenues and $5,534,509 in expenditures. The total Village budget, including all funds, is projected to have $14,242,681 in total revenues and $12,175,930 in total expenditures.

Action

Motion to Approve an Ordinance of the Village of Berkeley, Cook County, Illinois Adopting the Annual Budget for the Fiscal Year Beginning May 1, 2021 and Ending April 30, 2022.

Attachments

1. Ordinance of the Village of Berkeley, Cook County, Illinois Adopting the Annual Budget for the Fiscal Year Beginning May 1, 2021 and Ending April 30, 2022 2. Final Draft FY 2021 – 2022 Budget 3. FY 21-22 budget changes since first draft budget submitted on February 16, 2021

ORDINANCE NO. ______AN ORDINANCE OF THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING MAY 1, 2021 AND ENDING APRIL 30, 2022 WHEREAS, the Village of Berkeley, Cook County, Illinois (the “Village”) is a duly organized and validly existing home-rule municipality created in accordance with the Constitution of State Illinois of 1970 and the laws of the State; and, WHEREAS, the President and Board of Trustees of the Village have provided for the preparation and adoption of an Annual Budget in lieu of passage of an Appropriation Ordinance for the fiscal year commencing May 1, 2021 and ending April 30, 2022; and WHEREAS, a tentative Annual Budget has been prepared and made available for public inspection at least ten (10) days prior to the public hearing; notice given by publication at least seven (7) days prior to the public hearing on March 3, 2021 in the Village Free Press newspaper, having a general circulation in the Village of Berkeley; and a public hearing held not less than seven (7) days after the tentative Annual Budget has been made available for public inspection on March 10, 2021; and, WHEREAS, the President and Board of Trustees of the Village of Berkeley, Illinois, have examined said Annual Budget and heard all persons appearing at said hearing and desiring to be heard concerning said Annual Budget. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Berkeley, Cook County, Illinois, as follows: SECTION 1: That the tentative Annual Budget heretofore prepared by the Budget Officer, placed on file as required by the Illinois Compiled Statutes and the Code of the Village of Berkeley, is hereby adopted in lieu of the passage of an Appropriation Ordinance as the Annual Budget for fiscal year commencing May 1, 2021 and ending April 30, 2022 as attached hereto and made a part hereof by reference as Exhibit A. SECTION 2: That the Budget Officer is hereby authorized and directed to cause to be prepared and published the Fiscal Year 2021 – 2022 Annual Budget. SECTION 3: A certified copy of this Ordinance and a certified estimate of anticipated revenues shall be filed with the County Clerk of Cook County within 30 days of the adoption of this Ordinance. SECTION 4: That the Village Clerk be and is hereby directed to publish this Ordinance in pamphlet form. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner and form required by law. Adopted this 6th day of April, 2021, pursuant to roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L.W. Hammar Diane Salemi Raymond Grenier Sherry Graf-Stone Herb Washington Jerry Perez

APPROVED this 6th day of April, 2021

______Robert E. Lee, Jr., Village President

Attest: ______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April __, 2021.

EXHIBIT A

FY 2021 – 2022 VILLAGE OF BERKELEY BUDGET

(attached)

Village of Berkeley Fiscal Year 2021 – 2022 Budget May 1, 2021 – April 30, 2022 Adopted: April 6, 2021

Village of Berkeley, 5819 Electric Avenue, Berkeley, IL 60163 www.berkeley.il.us 708-449-8840

Village of Berkeley FY21B Projection Summary

FY20 Audited FY21 Projection as of Amended Budget (January 2021)

Ending Fund Ending Fund Balance Revenues Expenses Transfers Balance

General 1,993,128 5,592,886 5,222,583 - 2,363,431 Elected Officials 86,455 (86,455) Administration 1,149,205 - (1,149,205) Public Works 440,708 (440,708) Police 2,449,706 (2,449,706) Fire 1,094,634 (1,094,634) Fire & Police Commission 1,875 (1,875) General Total 1,993,128 5,592,886 5,222,583 - 2,363,431

IMRF Fund 67,518 415,750 342,000 56,749 198,017 Utility Tax Fund 1,545,366 392,880 - (120,000) 1,818,246 Refuse Fund 176,283 571,539 566,646 - 181,176 METRA Fund 89,890 1,580 13,103 - 78,367 Motor Fuel Tax Fund 553,391 109,220 391,105 - 271,506 Vehicle Replacement 651,073 - 327,268 - 323,805 TIF #1 Fund 1,097 - - - 1,097 TIF #2 Fund 661,003 283,000 79,277 - 864,726 Capital Project Reserve 1,680,357 493,965 398,594 - 1,775,728 Debt Service Fund 71,836 100 181,940 120,000 9,996 Water Fund 1,744,309 2,414,943 2,387,933 (27,807) 1,743,512 Water Reserve Fund 1,085,684 3,000 - - 1,088,684 Sewer Fund 300,672 393,000 516,264 (27,807) 149,601 Sewer Reserve Fund 527,429 4,000 - - 531,429 E911 Fund 107,817 - 7,160 - 100,657 Police Pension 9,906,308 3,197,400 910,397 - 12,193,311 Golf Outing Fund 5,995 - - - 5,995 Non-General Total 19,176,028 8,280,377 6,121,687 1,135 21,335,854

Village Total 21,169,156 13,873,263 11,344,270 1,135 23,699,285

1 Village of Berkeley FY22 Proposed Budget Summary

FY21 Projected FY22 Proposed Budget Ending Fund Ending Fund Balance Revenues Expenses Transfers Balance

General 2,363,431 5,540,646 5,534,509 - 2,369,569 Elected Officials 136,912 (136,912) Administration 1,204,631 (1,204,631) Public Works 512,479 (512,479) Police 2,535,695 (2,535,695) Fire 1,140,416 (1,140,416) Fire & Police Commission 4,375 (4,375) General Total 2,363,431 5,540,646 5,534,509 - 2,369,569

IMRF Fund 198,017 466,520 403,795 53,160 313,902 Utility Tax Fund 1,818,246 14,000 - (185,996) 1,646,250 Refuse Fund 181,176 588,156 588,856 - 180,476 METRA Fund 78,367 6,500 12,950 - 71,917 ARPA Fund - 623,669 - - 623,669 Motor Fuel Tax Fund 271,506 123,000 125,000 - 269,506 Vehicle Replacement 323,805 261,000 180,000 - 404,805 TIF #1 Fund 1,097 - - - 1,097 TIF #2 Fund 864,726 286,200 169,500 - 981,426 Capital Project Reserve 1,775,728 1,297,777 1,630,824 - 1,442,681 Debt Service Fund 9,996 75 185,996 185,996 10,071 Water Fund 1,743,512 2,330,180 2,085,097 (26,580) 1,962,015 Water Reserve Fund 1,088,684 5,000 - - 1,093,684 Sewer Fund 149,601 381,500 326,961 (26,580) 177,560 Sewer Reserve Fund 531,429 7,000 - - 538,429 E911 Fund 100,657 100 10,000 - 90,757 Police Pension 12,193,311 2,311,358 922,443 - 13,582,226 Golf Outing Fund 5,995 - - - 5,995 Non-General Total 21,335,854 8,702,034 6,641,421 - 23,396,467

Village Total 23,699,285 14,242,681 12,175,930 - 25,766,036

2 Village of Berkeley General Fund Revenue Summary

FY19 FY20 FY21 Audited FY20 Audited FY21 Amended FY22 ACCT Actual Budget Actual Budget Budget Budget

4001 Property Taxes 2,744,007 2,934,000 2,489,852 3,047,493 3,032,256 3,070,811 4137 Sales Tax-Home Rule 157,393 135,000 137,244 153,000 145,350 145,000 4155 Personal Property Replacement Tax 117,095 118,000 162,079 130,000 123,500 137,500 4155 Replace Tax-Police Pension 4,837 0 4,837 0 0 0 Total Taxes 3,023,332 3,187,000 2,794,012 3,330,493 3,301,106 3,353,311

4200 Building Permits 38,592 45,000 38,681 40,000 40,000 45,000 4210 Business Licenses 37,840 42,000 60,305 55,000 40,000 50,000 4216 Contractor Licenses 11,000 11,500 9,650 11,000 11,000 11,000 4222 Vehicle Licenses 48,930 45,000 41,950 45,000 45,000 45,000 4226 Animal Licenses 957 1,000 910 500 500 0 4230 Vacant Property Registration 350 200 150 200 200 200 4466 Garage Sales 0 0 0 0 0 0 4660 MSD Fees/Presale Fee 25,275 30,000 29,000 30,000 30,000 30,000 4661 Elevator Inspections 272 200 329 200 200 200 4662 Building Inspections 16,125 17,000 17,500 18,000 22,000 22,000 Total Licenses and Permits 179,341 191,900 198,475 199,900 188,900 203,400

4130 Local Use Taxes 154,015 165,125 179,740 185,000 194,250 231,125 4135 Sales Tax 236,403 200,000 213,980 225,000 213,750 225,000 4138 Cannabis Regulation Tax 0 0 0 4,000 4,000 4,000 4150 Income Taxes 505,736 524,807 564,574 545,000 517,750 486,000 4174 Grants-Tobacco 0 0 0 0 0 0 4180 Grants - Illinois 0 0 0 0 0 0 4182 Coronavirus Grant Reimbursements 0 0 0 0 220,320 0 4608 Video Gaming Revenues 106,044 120,000 102,535 125,000 75,000 85,000 4680 Reim from other gov'ts 0 0 0 0 0 0 Total Intergovernmental 1,002,198 1,009,932 1,060,829 1,084,000 1,225,070 1,031,125

4131 Utility Tax Revenue 0 0 0 0 0 380,000 4181 Reimbursement for Police Detail 240 0 0 0 0 0 4511 Administrative Tow 84,000 65,000 55,500 50,000 50,000 55,000 4514 Forfeited Drug Property 0 0 0 0 0 0 4600 Non-Tax Revenues 378,997 400,000 424,516 450,000 425,000 0 4609 Cable Revenue 70,507 75,000 69,148 70,000 70,000 65,000 4647 Taxi Book Receipts 930 800 505 500 500 500 4700 General Ambulance Revenue 150,429 175,000 165,595 175,000 175,000 175,000 4701 GEMT Ambulance Revenue 0 0 0 0 0 0 Total Charges for Services 685,103 715,800 715,264 745,500 720,500 675,500

4413 Hearing Fees 75 0 0 0 0 0 4414 Adjudication Fees 495 700 350 700 700 700 4510 Fines 163,364 100,000 146,919 110,000 110,000 120,000 4512 Code Violations 1,005 1,200 128 100 100 100 4515 DUI Fines 2,024 2,500 2,907 3,000 3,000 3,000

3 Village of Berkeley General Fund Revenue Summary

FY19 FY20 FY21 Audited FY20 Audited FY21 Amended FY22 ACCT Actual Budget Actual Budget Budget Budget 4516 Drug Fines 0 0 0 0 0 0 4517 E-Citation Fines 32 65 0 65 10 10 4520 Red Light Camera Fines 0 330,000 0 0 0 110,000 Total Fines and Forfeits 166,994 434,465 150,304 113,865 113,810 233,810

4611 Interest Income 14,725 15,000 19,935 13,000 13,000 13,000 Total Investment Income 14,725 15,000 19,935 13,000 13,000 13,000

4460 Maps & Copies 2,450 3,000 2,760 2,500 2,500 2,500 4615 Wildlife Trap Program Revenue 550 1,000 1,880 1,500 1,500 1,500 4620 Bus Shelter Revenue 667 900 708 700 700 700 4630 Donations 4,937 0 0 0 0 0 4631 Giving Tree Donations 0 5,000 0 5,000 0 0 4632 Fingerprint Revenue 0 0 0 0 0 0 4633 Police Administrative Fee 1,230 2,000 450 500 500 500 4634 Police Admin Towing Fee (500) 0 0 0 0 0 4635 Gas Tax Refund 1,277 0 1,418 1,200 1,200 1,200 4637 Recycling Fee 5,051 0 788 1,000 1,000 1,000 4638 Electrical Aggregation Rebate 0 0 0 0 6,000 6,000 4645 Insurance Proceeds 0 0 0 0 0 0 4650 Sale of Surplus Equipment 0 0 0 0 0 0 4655 Miscellaneous Income 82,056 12,500 58,678 15,000 15,000 15,000 4665 Picnic Donations 3,000 2,500 675 1,000 1,000 1,000 4666 Brick Paver Donations 0 0 0 0 0 0 4667 Adopt a Hydrant Program 0 0 0 0 0 0 4675 Police Application Fee 0 0 0 0 0 0 4690 Scholarships 1,000 1,000 1,000 1,000 1,000 1,000 4692 Solicitors Permits 650 100 50 100 100 100 Total Miscellaneous 102,368 28,000 68,407 29,500 30,500 30,500

Total General Fund Revenues 5,174,062 5,582,097 5,007,226 5,516,258 5,592,886 5,540,646

4 Village of Berkeley Revenue Forecast Summary Account Name FY22 Budget Budget Notes 10-00-4001-000 Property Tax 3,070,811 2019 Corporate Tax Levy totals $3,070,811. The first half, $1,516,128 (estimated), will be collected in FY 2021 (Jan to April). The second half will be collected in FY 2022 (May to December). The first half of the 2021 Corporate Tax Levy will be collected in FY 2022 (Jan to April) 10-00-4130-000 Use Tax Revenue 231,125 Use Taxes relate to out of state purchases of tangible personal property and are subject to a 6.25% State Use Tax. The municipality's share is 16% and is distributed on a per capita basis. Budgeted amount has been determined by reviewing the last three years of revenues 10-00-4131-000 Utility Tax Revenues 380,000 The Utility Tax Fund receives revenue from ComEd/Exelon for the municipal taxes charged on residents electric bills and from gas providers (Nicor) for municipal taxes charged on residents natural gas bills. Additionally, the Utility Fund receives revenue from the State which is the Village’s proportionate share of the Simplified Municipal Telecommunications Tax. In Fiscal Year 2022, this revenue source was moved to the General Fund.

10-00-4135-000 Sales Tax Revenue 225,000 The Sales Tax represents the 1% sales tax imposed on all sales within the Village. The Sales Tax, unlike the Home Rule Sales Tax, is imposed on all sales including food, drug, and automobile transactions. This revenue source is directly impacted by the Village's ability to drive economic activity within the Village. 10-00-4137-000 HR Sales Tax Revenue 145,000 The Home Rule Sales Tax represents the 1% sales tax the Village imposes under it's home rule authority. The tax is imposed on all sales excluding food, drug, and automobile transactions. This revenue source is directly impacted by the Village's ability to drive economic activity within the Village. 10-00-4138-000 Cannabis Regulation Tax 4,000 The Cannabis Regulation Tax represents a 7% of the gross receipts from the sale of cannabis by the cultivator. This new tax took effect January 1, 2020. Local Governments receive a small portion of this tax which can be utilized for crime prevention and DUI prevention programs. 10-00-4150-000 Income Tax Revenue 486,000 The Income Tax revenue represents the Village's distributed share from the State. The amount distributed to the Village is based on population. The Income Tax is distributed out of the Local Government Distributive Fund (LGDF). 10-00-4155-000 Personal Property Re 137,500 The Corporate Personal Property Tax (CPPRT) is replacement tax revenue collected by the State to replace money lost by local governments when their powers to impose personal property taxes were taken away. 10-00-4182-000 Coronavirus Grant Reimb - Grant reimbursements for expenses to the 2020 Coronavirus Pandemic. Expenses include personnel, supplies, and technology costs. 10-00-4200-000 Building Permits 45,000 10-00-4210-000 Business License 50,000 10-00-4216-000 Contractor Licenses 11,000 10-00-4222-000 Vehicle Tax 45,000 Motor Vehicle Tax Ordinance (14-23) eliminates the sticker program and institutes a monthly charge on the utility bills.

5 Village of Berkeley Revenue Forecast Summary Account Name FY22 Budget Budget Notes 10-00-4226-000 Animal Licenses - 10-00-4230-000 Vacant Property Reg 200 10-00-4414-000 Adjudication Fees 700 10-00-4460-000 Maps and Copies 2,500 10-00-4510-000 Fines and Tickets 120,000 These are fines issued by the Police Dept. This line item does not include tow ordinance or building code violations. The estimate is based on an eight month trend. 10-00-4511-000 Tow Ordinance 55,000 Tow Ordinance (14-29) allows the Village to charge $500 if a vehicle is impounded. Based on experience since the ordinance was adopted we are anticipating approximately $4,000 a month in towing fees.

10-00-4512-000 Code Violations 100 Code violations are for tickets the Building Commissioner writes for various property violations in order to promote an environment where property owners maintain their property. Violations include but are not limited to: work without permit, lawn maintenance, parking on unpaved surface. 10-00-4515-000 DUI Fines 3,000 10-00-4520-000 Red Light Camera Fines 110,000

10-00-4608-000 Video Gaming Revenue 85,000 The estimate represents six separate locations that offer video gaming. The revenue is received from the IL State Comptroller. 10-00-4609-000 Cable Revenue 65,000 The Village receives revenue from cable providers, Comcast and AT&T for the municipal taxes charged on resident’s cable bills. The franchise tax rate appearing on resident's bills is 5%. It is anticipated revenues will remain stable.

10-00-4611-000 Interest Income 13,000 10-00-4615-000 Wildlife Trap Program 1,500 10-00-4620-000 Bus Shelter Revenue 700 10-00-4633-000 Police Administration 500 10-00-4647-000 Taxi Book Receipts 500 10-00-4655-000 Miscellaneous Income 15,000 10-00-4660-000 MSD/Presale Inspection 30,000 10-00-4661-000 Elevator Inspections 200 10-00-4662-000 Building Inspections 22,000 10-00-4665-000 Donations 1,000 10-00-4690-000 Scholarship 1,000 10-00-4692-000 Solicitors Permits 100 10-00-4700-000 General Ambulance 175,000 The Ambulance Revenue is recorded in the General Fund to support Revenue the costs of the additional paramedic expense to man the ambulance. The estimated amount is based on the actual revenue collected over the last 9 months annualized. 10-00-4701-000 GEMT Ambulance - Starting in FY 22, Ground Emergency Medical Transportation Revenue (GEMT) Ambulance Revenue is supplemental revenue the Village receives to reimburse additional costs associated with Medicaid patients. The Village pays a portion of the funding back to the State for their incurred costs.

6 Village of Berkeley Revenue Forecast Summary Account Name FY22 Budget Budget Notes 15-00-4001-000 Property Taxes 440,557 2019 IMRF Tax Levy totals $438,468; anticipates receiving $219,234 in FY 2020 (Jan to April). Remaining $219,234 (estimated) will be collected in FY 2021 (May to December).

15-00-4155-000 Replacement Taxes 25,163 See General Fund.

21-00-4611-000 Interest Income 6,000 21-00-4706-000 Interest on CD 8,000 23-00-4443-000 Refuse Revenue 564,156 Estimated based on contract 23-00-4444-000 Penalties 22,000 23-00-4446-000 Refuse Sticker Sales 2,000 25-00-4450-000 Daily Parking Fees 6,000 28-00-4141-000 MFT Allotments 120,000 Budgeted amount has been determined by reviewing the last three years of revenues. 30-00-4600-000 Non-Tax Revenue 256,000 Non-Tax Revenue is derived from leases for cellular towers and a billboard. The revenue is based on one billboard lease and two separate cell tower leases. In Fiscal Year 2022, this revenue source was moved to the Vehicle Replacement Fund. 27-00-4184-000 ARPA Funding 623,669 28-00-4611-000 Interest Income 3,000 50-00-4430-000 Water Revenue 2,255,420 50-00-4438-000 Water Meter Sales 1,500 50-00-4444-000 Penalties 70,000 Budgeted amount has been determined by reviewing the last three years of revenues. 50-00-4611-000 Interest Income 2,500 52-00-4611-000 Interest Income 5,000 54-00-4441-000 Sewer Revenue 365,000 54-00-4444-000 Penalties 15,000 56-00-4611-000 Interest Income 7,000 73-00-4471-000 Golf Tee Fees - 73-00-4472-000 Golf Hole Sponsors -

7 Elected Officials Budget Footnotes

The Elected Officials budget was created in FY15-16 and separates items specific to the Board.

Acct No. Account Description Budgeted Amount Notes Stipends for the Village President/Liquor Commissioner, Clerk, and 5100 Salaries $49,767 Trustees. 5155 Commission Members $500 Stipend for Planning & Zoning Commissioners. 5160-203 Life Insurance $5,655 Life insurance payments for former employees. Includes holiday gift certificates (Berkeley Bucks), service awards, and 5190 Employee Appreciation $5,000 employee luncheons. 5260 Printing $500 Printing and advertising. Conferences, Training, & Includes training costs, registration fees for events and conferences for 5300 Travel $1,500 member organizations as well as travel (reimbursement). 5345 Dues & Subscriptions $11,990 Membership dues and subscriptions for various organizations. 5485 Miscellaneous Supplies $500 Includes scholarships (offset by revenue from billboard),Berkeley Youth 5715 Donations To Others $9,000 Baseball, Neighborhood Watch, and Berkeley Garden Club.

Includes Music in the Park Series, Holiday Fest, Round Table, Memorial Day, Independence Day, Electric Lights Festival, and Berkeley Family Fun Fest. It also includes Beautify Berkeley and Giving Tree Programs, 5730 Special Events & Programs $37,500 as well as ASCAP music license and other miscellaneous expenses. Elected Official Total $121,912

AMENDE ELECTED & APPOINTED FY 19-20 D FY 20- FY 20-21 OFFICIALS AUDITED 21 EOY FY 21-22 10-05 ACCT # ACTUAL BUDGET ESTIMATE BUDGET EXPENSES SALARIES 5100 President (Liquor Commissioner) 13,767 13,767 13,767 13,767 Clerk 6,000 6,000 6,000 6,000 Trustees 30,000 30,000 30,000 30,000 Total 49,767 49,767 49,767 49,767

COMMISSION MEMBERS 5155 Plan Commissioners 180 1,000 200 500 Total 180 1,000 200 500

LIFE INSURANCE 5160-203 3,580 3,580 5,500 5,115 5,655 Total 3,580 5,500 5,115 5,655

EMPLOYEE APPRECIATION 5190 2,745 2,745 4,750 1,200 5,000 Total 2,745 4,750 1,200 5,000

PROFESSIONAL SERVICES 5235 Strategic Planning - - - 15,000 Total - - - 15,000

PRINTING 5260 248 248 800 - 500 Total 248 800 - 500

CONFERENCES, TRAININGS & TRAVEL 5300 1,066 1,066 1,600 100 1,500 Total 1,066 1,600 100 1,500

DUES & SUBSCRIPTIONS 5345 North Central Council of Mayors 1,085 1,100 1,135 1,135 West Central Municipal Conference 8,042 7,800 8,199 8,200 International Institute of Municipal Clerks 20 145 20 50 Municipal Clerks of Illinois - 80 - - Chicago Metropolitan Agency for Planning 195 200 196 200 Municipal Clerks of North & Northwest - 40 - 40 Illinois Municipal League 675 675 675 675 Hillside-Berkeley Chamber of Commerce - 600 475 600 Arbor Day Foundation 15 15 15 15 Lions Club - 260 - 260 Metro Mayors Caucus 234 240 234 240 Proviso Municipal League 425 425 425 425 International Council of Shopping Centers 100 100 100 100 Misc. - 50 - 50 Total 10,791 11,730 11,475 11,990

AMENDE ELECTED & APPOINTED FY 19-20 D FY 20- FY 20-21 OFFICIALS AUDITED 21 EOY FY 21-22 10-05 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

MISCELLANEOUS SUPPLIES 5485 304 304 1,000 500 500 Total 304 1,000 500 500

DONATIONS TO OTHERS 5715 Berkeley Senior Social Club 1,000 - - - Berkeley Youth Baseball 3,000 3,000 3,000 3,000 Berkeley Garden Club 2,000 1,000 1,000 2,000 Neighborhood Watch 1,000 1,000 1,000 - Scholarships 1,000 1,000 500 1,000 Giving Tree 4,625 3,000 - 3,000 Misc. - - 25 - Total 12,625 9,000 5,525 9,000

SPECIAL EVENTS & PROGRAMS 5730 Memorial Day 579 400 346 500 Music in the Park 4,508 - - 4,500 Berkeley Family Fun Fest 26,766 - - 10,000 Holiday Fest 3,473 11,000 12,000 3,500 Electric Lights Festival - - - 5,000 Round Table - - - 200 Beautify Berkeley Program 667 - 200 300 Events Coordination & Marketing 11,001 - - 10,000 Misc. (45) 1,000 27 3,500 Total 46,949 12,400 12,573 37,500

TOTAL EXPENDITURES 128,255 97,547 86,455 136,912

10 Administration Department Budget Footnotes

Acct No. Account Description Budgeted Amount Notes Includes Village Administrator (80% Administration & 10% to both Water & Sewer Funds), Deputy Village Clerk/Office Manager (50% Administration, 25% to both Water & Sewer Funds), Assistant to the Village Administrator (80% Administration & 10% to both Water & Sewer Funds), PT Accounts Payable Clerk (80% Administration & 10% to both Water & Sewer Funds), PT Purchasing Agent, Office Specialists (50% Administration, 25% to both Water & Sewer Funds), Permit 5100 Salaries $391,209 Technician, PT Custodian, and PT Plumbing Inspector. 5100-140 Overtime $500 Telephone stipend ($50 per month) provided to department heads & 5140 Telephone Stipend $2,450 supervisor level positions. 5159 Vehicle Stipend $1,500 Vehicle stipend ($125 per month) for Village Administrator. Includes dental, health, vision, and life insurances for qualified employees. Item also includes fee for Employee Assistance Program, 5160-201 Insurance $54,114 wellness program, and incentives for participation. 5195 Unemployment Benefits $5,000 Benefits paid to a terminated employee. 5201 Legal $125,000 Includes General Counsel, Labor and Prosecuting attorneys. Fees associated with the implementation of the Village's adjudication 5201-101 Adjudication $3,000 process. 5212 Audit Services $33,850 Fees for the Village’s annual financial audit.

Includes accountant, building inspection, engineering, vacant home 5235 Professional Services $107,800 maintenance, health inspection services, and other professional services. Includes IT consulting fees, computer replacement cycle, IT hardware 5245 Technology $81,633 and software updates and upgrades, phone repair, and services. Annual ESRI hosting fee, consulting, and application development 5248 GIS $10,000 service. Fed Ex, Permit Renewal, Postage Machine Rental, Postage machine refill, and miscellaneous postage for general office and Berkeley 5250 Postage $9,000 Connects. p g g g , , letterhead, AP checks, Berkeley Connects and inserts/flyers for water 5260 Printing $15,000 bills. Line item includes cellphones, non-emergency landlines, and elevator 5270 Telephone $18,200 phone. Conferences, Training, & Includes training costs, registration fees for events and conferences for 5300 Travel $13,500 member organizations, and travel (reimbursement). 5345 Dues & Subscriptions $6,000 Membership dues and subscriptions for various organizations. 5347 Blackboard Connect $5,500 Annual contract for Village's communication system. Gas and electric service, beyond the franchise allotment, for various 5350 Utilities $2,500 Village buildings. Liability & Workers 5400 Compensation Insurance $185,000 Liability & workers' compensation insurance through IRMA. 5410 Codification $4,500 Maintenance and regular update of the Village Code. 5415 Legal Notices $2,500 Treasurer’s Report, Prevailing wage, budget, and other notices. Wild Animal Trapping Contracted trapping program which includes a shared cost component 5446 Program $5,000 with residents. 5470 Bank & Service Charges $200 5465 Misc. Reimbursable Expense $10,000 Miscellaneous expenses that will be reimbursed 5475 Payroll Processing $18,450 Costs for processing Village payroll. 5485 Miscellaneous Supplies $9,000

11 Acct No. Account Description Budgeted Amount Notes

Includes administration copier overage and lease costs, and Village Hall Maintenance/Service surveillance cameras maintenance agreement. Copier costs include those 5504 Contracts $12,940 for Administration, Fire, Police, and Public Works departments. Maintenance & Repair of Includes HVAC maintenance contract, pest control, miscellaneous 5510 Building $55,285 repairs, and carpet cleaning. 5600 Office Supplies $6,500 Office supplies for Administration department. 5800 Contingencies $7,500 5810 Cash Over/Short $0 5820 Condolences $750 5832 Taxi Book Coupons $1,250 Printing, postage, and service charges for business licenses and animal 5840 Licenses/Tags $0 tags. ADMINISTRATION TOTAL $1,204,631

FY 19-20 AMENDED FY 20-21 ADMINISTRATION AUDITED FY 20-21 EOY FY 21-22 10-10 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

SALARIES 5100 Village Administrator 98,147 104,919 104,919 115,541 Assistant to the Village Administrator 48,459 60,565 60,565 64,484 Office Manager/Deputy Village Clerk 35,091 35,557 35,557 38,680 Executive Assistant 55,769 - - - Office Specialists (2) - 53,444 53,444 54,782 PT Accounts Payable 28,146 30,788 30,788 31,562 PT Office Assistant 7,877 - - - PT Special Projects Coordinator 16,285 21,185 21,185 21,715 Permit Technician 40,261 41,830 41,830 42,875 PT Custodian 12,597 14,893 14,893 15,267 PT Plumbing Inspector 5,925 6,150 6,150 6,304 Total 348,557 369,331 369,331 391,209

OVERTIME 5100-140 - 500 - 500 Total - 500 - 500

TELEPHONE STIPEND 5140 2,516 3,000 2,450 2,450 Total 2,516 3,000 2,450 2,450

VEHICLE STIPEND 5159 1,517 1,500 1,500 1,500 Total 1,517 1,500 1,500 1,500

INSURANCE 5160-201 Dental, Health, Life & Employee Wellness 53,329 43,584 51,000 54,114 Total 53,329 43,584 51,000 54,114

UNEMPLOYMENT BENEFITS 5195 21,926 - 5,000 5,000 Total 21,926 - 5,000 5,000

LEGAL 5201 General, Prosecutor, & Labor 152,758 155,000 155,000 125,000 Total 152,758 155,000 155,000 125,000

ADJUDICATION 5201-101 Administrative Law Judge 1,235 3,500 2,500 3,000 Total 1,235 3,500 2,500 3,000

FY 19-20 AMENDED FY 20-21 ADMINISTRATION AUDITED FY 20-21 EOY FY 21-22 10-10 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

AUDIT SERVICES 5212 36,500 38,580 38,580 33,850 Total 36,500 38,580 38,580 33,850

PROFESSIONAL SERVICES 5235 Building Inspections 53,323 45,000 55,000 55,000 Accounting 31,796 42,000 35,000 40,500 Elevator Inspections - 800 - 800 Vacant Home Maintenance - 1,000 - 1,000 Cook County Health Inspections 7,700 5,000 - 7,000 Miscellaneous 13,543 3,500 1,500 3,500 Classification and Compensation Study - - - - Total 106,362 97,300 91,500 107,800

TECHNOLOGY 5245 Village Website Redesign - - - 10,000 Financial Software 10,625 13,500 11,155 13,500 Comcast Internet 3,150 3,022 2,920 3,022 Surveillance Cameras & Software - 3,000 - 3,000 Web Hosting Services 264 276 264 276 Current Tech Consulting Services 25,400 35,000 28,600 30,000 Website Annual Fee 700 700 840 840 Hard/Software Upgrades & Renewals 28,418 16,355 15,000 18,495 Miscellaneous 471 1,500 6,217 2,500 Total 69,027 73,353 64,996 81,633

GIS 5248 2,500 15,000 9,000 10,000 Total 2,500 15,000 9,000 10,000

POSTAGE 5250 9,442 8,000 10,500 9,000 Total 9,442 8,000 10,500 9,000

PRINTING 5260 Berkeley Matters & Miscellaneous Printing 8,928 10,000 9,000 15,000 Total 8,928 10,000 9,000 15,000

FY 19-20 AMENDED FY 20-21 ADMINISTRATION AUDITED FY 20-21 EOY FY 21-22 10-10 ACCT # ACTUAL BUDGET ESTIMATE BUDGET TELEPHONE 5270 Village, Elevator, & Cell Phones 16,515 18,100 17,431 18,200 Total 16,515 18,100 17,431 18,200

CONFERENCES, TRAININGS & TRAVEL 5300 7,400 8,000 2,000 13,500 Total 7,400 8,000 2,000 13,500

TRAININGS 5320 4,487 - - - Total 4,487 - - -

DUES & SUBSCRIPTIONS 5345 2,643 5,900 5,000 6,000 Total 2,643 5,900 5,000 6,000

BLACKBOARD CONNECT 5347 Blackboard Connect System 5,438 5,500 5,450 5,500 Total 5,438 5,500 5,450 5,500

UTILITIES 5350 Village Hall 1,045 2,500 2,000 2,500 Total 1,045 2,500 2,000 2,500

LIABILITY & WORKERS COMP INS 5400 Annual Contribution 255,649 178,644 178,644 185,000 Total 255,649 178,644 178,644 185,000

CODIFICATION 5410 Online Code & Updates 2,528 5,000 4,200 4,500 Total 2,528 5,000 4,200 4,500

LEGAL NOTICES 5415 1,774 2,000 1,900 2,500 Total 1,774 2,000 1,900 2,500

WILD ANIMAL TRAPPING PROGRAM 5446 Contracted Trapping 4,760 3,500 5,000 5,000 Total 4,760 3,500 5,000 5,000

FY 19-20 AMENDED FY 20-21 ADMINISTRATION AUDITED FY 20-21 EOY FY 21-22 10-10 ACCT # ACTUAL BUDGET ESTIMATE BUDGET MISC. REIMBURSABLE EXPENSE 5465 160,159 15,000 15,000 10,000 Total 160,159 15,000 15,000 10,000

BANK & SERVICE CHARGES 5470 60 720 100 200 Total 60 720 100 200

PAYROLL PROCESSING 5475 17,510 18,450 18,150 18,450 Total 17,510 18,450 18,150 18,450

MISCELLANEOUS SUPPLIES 5485 7,573 8,000 7,900 9,000 Total 7,573 8,000 7,900 9,000

MAINTENANCE/SERVICE CONTRACTS 5504 Copier Lease, Maintenance, Overages 17,347 17,343 18,500 8,000 Phone System Maintenance Agreement 2,205 2,940 2,940 2,940 Surveillance Cameras Maint. Agreement - 2,000 - 2,000 Total 19,552 22,283 21,440 12,940

MAINTENANCE OF BUILDING 5510 HVAC Maintenance 16,564 25,000 27,450 25,000 Pest Control 391 400 395 405 Fire Alarm & Sprinkler Testing 992 1,670 1,396 1,720 Fire Extinguisher Testing 412 1,400 500 1,250 Roof 1,704 2,600 1,800 2,500 Automatic External Defibrillators - - - - Backflow Inspection - 400 325 400 Boiler Inspection 70 225 80 150 Elevator 742 1,800 1,500 1,800 Generator Inspection 702 900 350 900 Door Maintenance & Replacement - - - - Crack & Seal - - - - Tornado Siren Maintenance - 700 - 700 Garage Door Maintenance - 460 - 460 Server Room A/C Unit Replacement - - - 5,000 Misc. 3,596 17,500 9,500 15,000 Total 25,173 53,055 43,296 55,285

FY 19-20 AMENDED FY 20-21 ADMINISTRATION AUDITED FY 20-21 EOY FY 21-22 10-10 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

OFFICE SUPPLIES 5600 5,150 6,500 5,500 6,500 Total 5,150 6,500 5,500 6,500

CONTINGENCIES 5800 2,750 7,500 200 7,500 Total 2,750 7,500 200 7,500

CASH OVER/SHORT 5810 (2,590) 50 2,787 - Total (2,590) 50 2,787 -

CONDOLENCES 5820 656 1,000 400 750 Total 656 1,000 400 750

TAXI BOOK PROGRAM 5832 1,004 2,000 750 1,250 Total 1,004 2,000 750 1,250

LICENSES/TAGS 5840 1,724 3,000 1,700 - Total 1,724 3,000 1,700 -

TOTAL EXPENDITURES 1,355,556 1,185,350 1,149,205 1,204,631

TRANSFERS IN (OUT)

TO VEHICLE 5930 - (100,000) - - Total - (100,000) - - TOTAL TRANSFERS IN (OUT) - (100,000) - -

17 Public Works Department Budget Footnotes

Acct No. Account Description Budgeted Amount Notes Includes 50% of Superintendent and 4 full-time Public Works laborers. 25% of the Public Works salaries are charged to both the Water and 5100 Salaries $180,490 Sewer Funds. 5100-140 Overtime $20,000 Includes dental, health, and life insurance. Insurance is distributed as follows: 50% of Superintendent and 4 Public Works laborers, 25% is 5160 Insurance $52,204 charged to both the Water and Sewer Funds. 5178 Physicals $1,000 Employee physicals for new hires and drug and alcohol testing. Uniform and boot allowance for the department as well as the purchase 5185 Uniforms $4,300 of other safety and protective clothing. 5235 Professional Services $1,500 Professional Services for the Public Works Department 5245 Technology $3,775 Internet for Public Works facility and mobile data cards. 5260 Printing $50 Conferences, Training, & Includes training costs, registration fees for events and conferences for 5300 Travel $500 member organizations, and travel (reimbursement). 5345 Dues & Subscriptions $900 Membership dues and subscriptions for various organizations. Gas and electric for Public Works building beyond franchise agreement 5350 Utilities $0 allotment. Liability & Workers 5400 Compensation Insurance $2,500 IRMA deductible. 5435 Rental of Equipment $1,200 Rental of equipment as necessary. 5455 Dumping Charges $0 Waste dumping at landfill and wood chip removal. Maintenance/Service 5504 Contracts $2,500 Various maintenance and service contracts. Maintenance & Repair of 5510 Building $11,560 Annual testing for fire alarm, sprinkler, and miscellaneous maintenance. Maintenance & Repair of 5520 Vehicles $25,000 Repair for Village vehicles. Maintenance & Repair of 5525 Equipment $740 Repair of small equipment (mowers, gas saws, pressure washers, etc.) Tree Trimming & Stump 5560 Grinding $50,000 Contracted tree trimming and removal service. 5572 Street Repairs $10,000 Street, curb and sidewalk repairs. 5577 Street Light Repairs $30,000 Street light maintenance and repairs 5610 Miscellaneous Supplies $7,000 5620 Tools and Small Equipment $6,260 Purchase of tools and small equipment. 5630 Fuel $18,000 Fuel for vehicles. 5635 Salt $40,000 Purchase of road salt. 5700 Landscaping $35,000 Contracted trimming and mowing services in various areas. 6640 Forestry $8,000 Includes purchase of trees and parkway restoration. PUBLIC WORKS TOTAL $512,479

AMENDE PUBLIC WORKS FY 19-20 D FY 20- FY 20-21 10-20 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

SALARIES 5100 Superintendent 43,459 46,724 46,724 47,892 Foreman 34,087 35,402 35,402 36,287 Laborers (4) 107,072 97,899 104,559 96,311 Seasonal Employees (621) - - - Total 183,998 180,025 186,685 180,490

OVERTIME 5100-140 Laborers 12,861 20,000 15,000 20,000 Total 12,861 20,000 15,000 20,000

INSURANCE 5160-201 Dental, Health, Life 42,134 46,954 46,954 52,204 Total 42,134 46,954 46,954 52,204

HIRING/EXAMS & POST-HIRE TESTING 5178 320 320 1,200 75 1,000 Total 320 1,200 75 1,000

UNIFORMS 5185 5,049 5,049 4,300 4,100 4,300 Total 5,049 4,300 4,100 4,300

PROFESSIONAL SERVICES 5235 Engineering 5,593 1,500 1,500 1,500 Total 5,593 1,500 1,500 1,500

TECHNOLOGY 5245 2,973 2,973 3,775 3,150 3,775 Total 2,973 3,775 3,150 3,775

PRINTING 5260 - - 50 - 50 Total - 50 - 50

AMENDE PUBLIC WORKS FY 19-20 D FY 20- FY 20-21 10-20 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

CONFERENCES, TRAININGS & TRAVEL 5300 631 631 500 - 500 Total 631 500 - 500

DUES & SUBSCRIPTIONS 5345 American Public Works Association 83 100 85 100 Weather Forecast Service 800 800 570 800 Total 883 900 655 900

UTILITIES 5350 4,836 4,836 500 400 - Total 4,836 500 400 -

LIABILITY & WORKERS COMP INS 5400 7,680 7,680 2,500 2,500 2,500 Total 7,680 2,500 2,500 2,500

RENTAL OF EQUIPMENT 5435 820 820 1,200 800 1,200 Total 820 1,200 800 1,200

DUMPING CHARGES 5455 4,085 4,085 - 825 - Total 4,085 - 825 -

MAINT/SERVICE CONTRACTS 5504 Door System Maintenance Contract 1,075 1,000 1,000 1,000 Seiler Mapping Tech Support 360 500 360 500 JULIE 914 1,000 915 1,000 Total 2,349 2,500 2,275 2,500

MAINTENANCE OF BUILDING 5510 Fire Alarm 410 600 360 600 CO/NO2 690 700 690 700 Sprinkler - 260 - 260 Miscellaneous 4,321 13,000 12,409 10,000 Total 5,421 14,560 13,459 11,560

MAINT & REPAIR OF VEHICLES 5520 11,204 11,204 30,000 23,117 25,000 Total 11,204 30,000 23,117 25,000

AMENDE PUBLIC WORKS FY 19-20 D FY 20- FY 20-21 10-20 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

MAINT & REPAIR OF EQUIPMENT 5525 537 537 10,000 2,500 740 Total 537 10,000 2,500 740

TREE TRIMMING & STUMP REMOVAL 5560 7,000 7,000 75,000 75,000 50,000 Total 7,000 75,000 75,000 50,000

STREET REPAIRS & MAINTENANCE 5572 Street, Sidewalk, Curb Repairs 6,279 10,000 6,315 10,000 Total 6,279 10,000 6,315 10,000

STREET LIGHT REPAIRS 5577 628 628 35,000 1,385 30,000 Total 628 35,000 1,385 30,000

MISCELLANEOUS SUPPLIES 5610 7,470 7,470 7,000 4,000 7,000 Total 7,470 7,000 4,000 7,000

TOOLS & SMALL EQUIPMENT 5620 Safety Shoring 8,289 2,000 2,000 - Miscellaneous Equipment 4,353 - - 6,260 Total 12,642 2,000 2,000 6,260

FUEL 5630 14,102 14,102 18,000 14,000 18,000 Total 14,102 18,000 14,000 18,000

SALT 5635 20,437 20,437 30,000 5,354 40,000 Total 20,437 30,000 5,354 40,000

LANDSCAPING 5700 Landscaping Contract & Beautification 11,484 23,000 24,660 35,000 Total 11,484 23,000 24,660 35,000

FORESTRY 6640 7,650 7,650 - 4,000 8,000 Total 7,650 - 4,000 8,000

TOTAL EXPENDITURES 379,066 520,464 440,708 512,479

21 Police Department Budget Footnotes

Acct No. Account Description Budgeted Amount Notes Includes Police Chief, Deputy Chief, 4 Commanders, 12 Full-time Officers, 6 Part-time Officers, 1 Full-time Records Clerks, and Property 5100 Salaries $1,836,241 Maintenance Coordinator. 5100-143 Overtime $77,500

5160 Insurance $272,469 Include dental, health, vision, and life insurance for qualified employees. 5175 Hiring/Examinations $8,500 Includes hiring and examinations, written exams, and drug screenings. 5182 Uniforms $32,000 5235 Professional Services $140,100 Contracted dispatch service through Cook County. Lineup software annual fee, evidence software and equipment, 5245 Technology $7,990 scheduling software and other miscellaneous costs. 5260 Printing $6,000 Printing of legal file jackets and tickets. 5270 Telephone $4,500 Cook County T1 data line. 5275 Communications Equipment $3,600 Purchase of replacement radios, radio license, and repairs. Conferences, Training, & Training costs, registration fees for events and conferences for member 5300 Travel $30,000 organizations, as well as travel (reimbursement). 5340 Tuition Reimbursement $0 5345 Dues & Subscriptions $6,295 Membership dues and subscriptions for various organizations. Liability & Workers 5400 Compensation Insurance $2,500 IRMA deductible. 5445 Animal Control $1,200 Annual contract with Magnificent Mutts. Maintenance & Repair of Maintenance, repair and supplies, and cost of striping and transferring 5520 Vehicles $25,000 equipment to new vehicles. Maintenance & Repair of 5525 Equipment $9,400 Includes ISPAN annual fee and other miscellaneous maintenance. 5600 Office Supplies $3,500 Printing forms, office supplies, tickets, and files. 5610 Miscellaneous Supplies $5,000 Includes fingerprinting supplies, batteries, and promotional stickers. 5630 Fuel $45,000 Fuel for Police Department vehicles. 5670 Range Rental & Supplies $6,500 Range rental and supply costs. Miscellaneous Prisoner 5850 Supplies $2,400 Prisoner meals and supplies. 6000 Vehicle Equipment $5,000 DVR system and miscellaneous items. 6650 Miscellaneous Equipment $5,000 Intoxilizer machine, PBT, and drug testing/ET supplies. POLICE TOTAL $2,535,695

POLICE DEPARTMENT FY 19-20 AMENDE FY 20-21 10-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

SALARIES 5100 Chief 115,661 117,096 117,096 120,024 Deputy Chief - - - 112,942 Commander (4) 299,445 306,120 306,120 421,609 Sergeants 286,507 187,457 187,457 - Police Officers (12) 909,554 984,359 981,973 947,357 PT Police Officers (5) 88,000 88,018 95,904 90,405 Records Clerk 118,092 55,947 55,947 57,351 Property Maintenance Coordinator 2,201 58,651 58,651 60,122 PT Community Service Officer (1) 23,710 - - - Crossing Guard 21,039 25,787 25,787 26,431 Total 1,864,209 1,823,435 1,828,935 1,836,241

OVERTIME 5100-146 Sergeants 15,870 15,000 14,000 - Police Officers 60,853 77,000 61,757 77,000 Records Clerks 316 500 200 500 Total 77,040 92,500 75,957 77,500

INSURANCE 5160-201 Dental, Health, Life 287,119 298,659 298,659 272,469 Total 287,119 298,659 298,659 272,469

HIRING/EXAMS & POST-HIRE TESTING 5175 1,710 8,500 7,500 8,500 Total 1,710 8,500 7,500 8,500

UNIFORMS 5182 20,531 32,000 20,998 32,000 Total 20,531 32,000 20,998 32,000

POLICE DEPARTMENT FY 19-20 AMENDE FY 20-21 10-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET PROFESSIONAL SERVICES 5235 Vehicle & Body Cameras - - - 50,000 Duty Equipment Consolidation - - - 7,500 Contracted Dispatch Service 53,552 60,000 63,296 70,000 Lexi-Pol 9,857 9,500 10,153 9,500 Lexi Nexis 292 600 488 600 Miscellaneous 2,067 750 1,457 2,500 Total 65,768 70,850 75,394 140,100

TECHNOLOGY 5245 Evidence Software 875 2,000 875 2,000 Scheduling Software 2,240 2,240 2,240 2,240 Equipment for Evidence Software - 1,000 500 2,500 Miscellaneous 2,042 1,250 508 1,250 Total 5,157 6,490 4,123 7,990

PRINTING 5260 3,382 6,000 2,841 6,000 Total 3,382 6,000 2,841 6,000

TELEPHONE 5270 County T-1 Data Line - 4,500 4,500 4,500 Total - 4,500 4,500 4,500

COMMUNICATION EQUIPMENT 5275 Radio License, Repairs, & other Misc. 130 3,600 140 3,600 Total 130 3,600 140 3,600

CONFERENCES, TRAININGS & TRAVEL 5300 10,141 30,000 22,393 30,000 Total 10,141 30,000 22,393 30,000

TRAINING 5320 (225) - - - NEMRT 6,150 - 6,919 ILHIA 390 - 780 SLEA 4,728 - 3,113 Miscellaneous Training 5,391 - 7,854 Total 16,434 - 18,666 -

POLICE DEPARTMENT FY 19-20 AMENDE FY 20-21 10-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET DUES & SUBSCRIPTIONS 5345 Northern IL Police Alarm System 400 400 - - IL Law Enforcement Alarm 120 240 120 240 West Suburban Major Crimes Task Force - 2,100 1,250 2,100 ILACP - IL Assn of Chiefs of Police - 475 220 475 IACP Dues - 150 40 150 FBI National Academy Association - - - - ProCare Police Social Work & Crisis Svcs - - - - West Suburban Chiefs - 205 - 205 West Suburban Detectives - 75 - 75 Critical Reach 570 300 - 300 Leads-On-Line 1,488 1,500 1,488 1,500 Roll Call Newsletter 96 - - - LexisNexis - - - - Miscellaneous 1,557 235 1,260 1,250 Total 4,231 5,680 4,378 6,295

LIABILITY & WORKERS COMP INS 5400 7,238 2,500 5,000 2,500 Total 7,238 2,500 5,000 2,500

ANIMAL CONTROL 5445 1,200 1,200 1,200 1,200 Total 1,200 1,200 1,200 1,200

MAINT. & REPAIR OF VEHICLES 5520 26,950 25,000 24,273 25,000 Total 26,950 25,000 24,273 25,000

MAINT. & REPAIR OF EQUIPMENT 5525 Alerts, IWAN, Bulletins 3,773 5,500 3,800 5,500 Radios - 2,400 - 2,400 Miscellaneous 205 1,500 200 1,500 Total 3,978 9,400 4,000 9,400

OFFICE SUPPLIES 5600 1,929 3,500 1,950 3,500 Total 1,929 3,500 1,950 3,500

POLICE DEPARTMENT FY 19-20 AMENDE FY 20-21 10-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET MISCELLANEOUS SUPPLIES 5610 1,993 3,100 4,200 5,000 Total 1,993 3,100 4,200 5,000

FUEL 5630 38,398 43,000 35,000 45,000 Total 38,398 43,000 35,000 45,000

RANGE RENTAL & SUPPLIES 5670 Range Rental 2,716 4,000 2,700 4,000 Supplies - 1,000 450 2,500 Total 2,716 5,000 3,150 6,500

PRISONER SUPPLIES 5850 328 2,400 500 2,400 Total 328 2,400 500 2,400

VEHICLE EQUIPMENT 6000 980 5,000 1,200 5,000 Total 980 5,000 1,200 5,000

MISCELLANEOUS EQUIPMENT 6650 4,965 4,800 4,750 5,000 Total 4,965 4,800 4,750 5,000

TOTAL EXPENDITURES 2,446,252 2,487,114 2,449,706 2,535,695

26 Fire Department Budget Footnotes

Acct No. Account Description Budgeted Amount Notes Includes full-time Fire Chief, Deputy Fire Chief, Assistant Fire 5100 Salaries $919,746 Chief/Fire Inspector, and Part-time Firefighters/Paramedics.

5160-201 Insurance $8,175 Include dental, health, vision, and life insurance for qualified employees. Hiring/Exams & Post-Hiring 5180 Testing $4,500 Employment, annual physicals, and random drug & alcohol testing. 5182 Uniforms $6,000 Uniform costs for employees. 5235 Professional Services $78,500 Contract for Dispatch services with Cook County. Air cards for vehicles, target solutions, and emergency reporting 5245 Technology $14,000 software. 5260 Printing $100 Miscellaneous Printing. Conferences, Training, & Training costs, registration fees for events and conferences for member 5300 Travel $4,500 organizations, as well as travel (reimbursement). 5345 Dues & Subscriptions $11,795 Membership dues and subscriptions for various organizations. Liability & Workers 5400 Compensation Insurance $2,500 IRMA deductible. Reimbursement for Village GEMT revenue received to the State of GEMT Ambulance State Illinois. A portion of this is required to be paid back to the State to cover 5410 Reimbursement $0 their expenses. Includes MABAS Division 20, ladder testing, Emergency Siren Testing, Target Solutions software, NFPA electronic subscription, semi-annual compressor and air quality testing, meter calibration, SCBA flow tests, Maintenance/Service ambulance stretcher maintenance, Physio/Zoll annual testing, and 5504 Contracts $6,600 miscellaneous costs. Maintenance & Repair of 5520 Vehicles $40,000 Contract maintenance, repair, and supplies for vehicles. Maintenance & Repair of 5525 Equipment $5,000 Repairs and parts for Fire related equipment. 5600 Office Supplies $2,000 5610 Miscellaneous Supplies $8,000 5630 Fuel $12,000 Fuel for Fire Department vehicles. 5652 EMS Supplies $8,000 Oxygen rental and EMS equipment. 5740 Events $1,500 Purchase of hose, nozzles, misc. fire equipment and personal protective 6650 Safety Equipment $7,500 equipment.

FIRE DEPARTMENT FY 19-20 AMENDED FY 20-21 10-22 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

SALARIES 5100 Chief 84,385 85,412 85,412 87,547 Deputy Fire Chief 39,588 18,156 6,165 - Assistant Fire Chief/Fire Inspector 33,370 33,696 33,696 34,539 Firefighters/Paramedics 684,349 776,461 772,961 797,660 Paid-On-Call - - - - Total 841,693 913,725 898,234 919,746

INSURANCE 5160-201 Dental, Health, Life 9,677 8,298 8,298 8,175 Total 9,677 8,298 8,298 8,175

HIRING/EXAMS & POST-HIRE TESTING 5180 4,822 4,822 4,500 500 4,500 Total 4,822 4,500 500 4,500

UNIFORMS 5182 2,563 2,563 6,000 1,000 6,000 Total 2,563 6,000 1,000 6,000

PROFESSIONAL SERVICES 5235 Contracted Dispatch Service 53,552 60,000 63,296 70,000 Paramedic Billing Services 10,839 8,500 3,762 8,500 Total 64,392 68,500 67,058 78,500

TECHNOLOGY 5245 13,004 13,004 14,000 13,850 14,000 Total 13,004 14,000 13,850 14,000

PRINTING 5260 121 121 100 - 100 Total 121 100 - 100

CONFERENCES, TRAININGS & TRAVEL 5300 160 160 4,500 300 4,500 Total 160 4,500 300 4,500

DUES & SUBSCRIPTIONS 5345 NFPA membership 175 180 175 175 IL Fire Inspectors Assoc. 215 100 75 100 IL Fire Chiefs Assoc. 200 220 200 200 Metro Fire Chiefs Assoc. 120 120 120 120 MABAS Div 20 - 6,000 6,000 6,000 NORCOM - 4,500 4,660 4,800 Magazines - 100 - 100 Misc. - 300 - 300 Total 710 11,520 11,230 11,795

FIRE DEPARTMENT FY 19-20 AMENDED FY 20-21 10-22 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

LIABILITY & WORKERS COMP INS 5400 4,710 4,710 2,500 2,500 2,500 Total 4,710 2,500 2,500 2,500

MAINT/SERVICE CONTRACTS 5504 14,506 14,506 4,500 4,229 6,600 Total 14,506 4,500 4,229 6,600

MAINT. & REPAIR OF VEHICLES 5520 42,946 42,946 70,000 59,561 40,000 Total 42,946 70,000 59,561 40,000

MAINT. & REPAIR OF EQUIPMENT 5525 1,202 1,202 5,000 1,924 5,000 Total 1,202 5,000 1,924 5,000

OFFICE SUPPLIES 5600 1,466 1,466 2,000 1,600 2,000 Total 1,466 2,000 1,600 2,000

MISCELLANEOUS SUPPLIES 5610 4,678 4,678 8,000 4,800 8,000 Total 4,678 8,000 4,800 8,000

FUEL 5630 9,348 9,348 12,000 9,500 12,000 Total 9,348 12,000 9,500 12,000

EMS SUPPLIES 5652 1,710 1,710 5,000 7,250 8,000 Total 1,710 5,000 7,250 8,000

EVENTS 5740 Fire Prevention Week 494 - - 1,500 Total 494 - - 1,500

SAFETY EQUIPMENT 6650 2,705 2,705 7,500 2,800 7,500 Total 2,705 7,500 2,800 7,500

TOTAL EXPENDITURES 1,020,907 1,147,643 1,094,634 1,140,416

29 Fire & Police Commission Budget Footnotes

Acct No. Account Description Budgeted Amount Notes 5201 Legal $0 Legal costs. 5315 Testing $4,000 Testing for potential public safety personnel. 5345 Dues & Subscriptions $375 IL Fire and Police Commission. FIRE & POLICE COMM. TOTAL $4,375

30 FIRE& POLICE FY 19-20 AMENDED FY 20-21 COMMISSION AUDITED FY 20-21 EOY FY 21-22 10-23 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

COMMISSION MEMBERS 5155 Board of Fire & Police Commissioners Stipend 180 - - - Total 180 - - -

LEGAL 5201 7,855 7,855 - 1,500 - Total 7,855 - 1,500 -

PROFESSIONAL SERVICES 5235 509 509 - - - Total 509 - - -

TESTING 5315 1,063 1,063 4,000 - 4,000 Total 1,063 4,000 - 4,000

DUES & SUBSCRIPTIONS 5345 IL Fire and Police Commission 375 375 375 375 Total 375 375 375 375

TOTAL EXPENDITURES 9,982 4,375 1,875 4,375

31 IMRF & FICA Fund Budget Footnotes

This fund reflects costs for the expense payments to the Illinois Municipal Retirement Fund and payments of employee’s FICA (Social Security). Due to a separate retirement system, the Village’s sworn police officers are not covered under IMRF. Employees working more than 1,000 hours per year contribute 4.5% of salary to IMRF. The Village’s contribution rate is estimated at 9.15%. This is an optional phase-in rate. The FICA employer contribution is 7.65%. The employees pay a matching amount.

Acct No. Account Description Budgeted Amount Notes 4001 Real Estate Taxes $440,557 Personal Property The IMRF fund receives 18.3% of the Village's Personal Property 4155 Replacement Tax $25,163 Replacement Tax (PPRT) amount every year. 4611 Interest Income $800 REVENUE TOTAL $466,520 Employer Contributions - Expenses are estimated to be 7.65% of related salaries (6.2% for Social 5165 OASDI $257,580 Security Tax and 1.45% for Medicare). Expenses are estimated to be 9.15% of eligible salaries; eligible salaries Employer Contributions - include all employees (except sworn police officers) who are expected to 5167 IMRF $146,215 work 1,000 or more per year. EXPENDITURE TOTAL $403,795 Transfers to IMRF from Water to support the IMRF & FICA costs for 4920 Water Fund Transfer $26,580 the Public Works department. Transfers to IMRF from Sewer to support the IMRF & FICA costs for 4930 Sewer Fund Transfer $26,580 the Public Works department. TRANSFER TOTAL $53,160

IMRF TOTAL $115,885

AMENDE IMRF & FICA FY 19-20 D FY 20- FY 20-21 FUND 15 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES PROPERTY TAXES 4001 390,297 390,297 375,000 375,000 440,557 Total 390,297 375,000 375,000 440,557

IL PER. PROP. REPLACEMENT TAX 4155 40,187 40,187 30,000 40,000 25,163 Total 40,187 30,000 40,000 25,163

INTEREST INCOME 4611 892 892 800 750 800 Total 892 800 750 800

TOTAL REVENUES 431,375 405,800 415,750 466,520

EXPENSES EMPLOYER - FICA 5165 289,507 289,507 255,124 257,000 257,580 Total 289,507 255,124 257,000 257,580

EMPLOYER - IMRF 5167 138,826 138,826 84,654 85,000 146,215 Total 138,826 84,654 85,000 146,215

TOTAL EXPENDITURES 428,334 339,778 342,000 403,795

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 3,042 66,022 73,750 62,725

TRANSFERS IN (OUT) WATER FUND 4920 23,498 23,498 27,680 26,083 26,580 Total 23,498 27,680 26,083 26,580

SEWER FUND 4930 23,498 23,498 27,680 30,666 26,580 Total 23,498 27,680 30,666 26,580

TOTAL TRANSFERS IN (OUT) 46,996 55,360 56,749 53,160

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 50,038 121,382 130,499 115,885

33 Utility Tax Fund Budget Footnotes

The Utility Tax Fund was established to segregate funds collected from the Village’s Utility Tax. The use of the funds is restricted to uses approved by a December 3, 1985 Resolution. As of January 1, 2003, the State of Illinois has taken over the collection and distribution of the telecommunications utility tax (now known as “Excise Tax”). The Village still collects tax directly from ComEd and Nicor.

Acct No. Account Description Budgeted Amount Notes 4611 Interest $6,000 4706 Interest on CD $8,000 The Utility Tax Fund receives revenue from ComEd and NICOR for the municipal taxes charged on residents electric bills and from gas provider Additionally, the Utility Fund receives revenue from the State which is the Village’s proportionate share of the Simplified Municipal Telecommunications Tax. This revenue source is funding both the 4008 Utility Tax Revenue $0 General Fund and the Capital Projects Fund. REVENUE TOTAL $14,000 5950 MFT $0 Transfer to MFT for Alley projects. 5940 Debt Service -$185,996 Transfer to Debt Service Fund to cover Annual GO Bond Payment. TRANSFER TOTAL -$185,996

UTILITY FUND TOTAL -$171,996

FY 19-20 AMENDED FY 20-21 UTILITY TAX AUDITED FY 20-21 EOY FY 21-22 FUND 21 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES UTILITY TAX 4008 380,229 380,229 400,000 380,000 - Total 380,229 400,000 380,000 -

INTEREST 4611 10,112 10,112 11,500 5,500 6,000 Total 10,112 11,500 5,500 6,000

INTEREST ON CD 4706 18,940 18,940 12,500 7,380 8,000 Total 18,940 12,500 7,380 8,000

TOTAL REVENUES 409,281 424,000 392,880 14,000

TRANSFERS IN (OUT)

TO MOTOR FUEL TAX 5950 (125,000) - - - Total (125,000) - - -

TO CAPITAL FOR PROJECTS 5938 - - - - - Total - - - -

TO DEBT SERVICE 5940 (185,000) (120,000) (120,000) (185,996) Total (185,000) (120,000) (120,000) (185,996)

TOTAL TRANSFERS IN (OUT) (185,000) (120,000) (120,000) (185,996)

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 224,281 304,000 272,880 (171,996)

35 Refuse Disposal Fund Budget Footnotes

This Fund was established to segregate the money received from residents for refuse service. Roy Strom is the Village’s current refuse collector. The current contract with Roy Strom expires in 2022. Public Works employees pick up and chip brush from April through November. The chips, from the brush, are offered free to Berkeley residents. Any excess chips must be disposed of.

Acct No. Account Description Budgeted Amount Notes In June 2021 the rate will be $28.27 per month per household. Refuse 4443 Refuse Revenue $564,156 revenue is based on approximately 1,663 users. 4444 Penalties $22,000 Penalty rate of refuse billings. 4446 Refuse Sticker Sales $2,000 Stickers for excess refuse paid to Roy Strom. REVENUE TOTAL $588,156 5245 Technology $2,500 Springbrook In June 2021 the rate will be $28.27 per month per household. Refuse 5370 Collection by Contractor $564,156 revenue is based on approximately 1,663 users. 5370-100 Fuel Surcharge $1,500 Fuel surcharge per refuse contract. A recycling surcharge was added to address the unpredictable changes in 5370-200 Recycling Surcharge $3,500 the disposal of recycling goods. 5371 Refuse Sticker Purchases $1,200 Cost to the Village to purchase refuse stickers. 5372 Roll-off Cartage Charge $6,000 Costs for various projects.

Dumping Charges - Wood 5455 Chips $10,000 Disposal costs for wood chips and leaf removal. EXPENDITURE TOTAL $588,856

REFUSE FUND TOTAL -$700

REFUSE FUND FY 19-20 AMENDE FY 20-21 ACCT # FUND 23 AUDITED D FY 20- EOY FY 21-22 ACTUAL 21 ESTIMATE BUDGET

REVENUES REFUSE REVENUE 4443 533,967 549,812 551,139 564,156 Total 533,967 549,812 551,139 564,156

PENALTIES 4444 20,900 25,000 18,500 22,000 Total 20,900 25,000 18,500 22,000

REFUSE STICKER SALES 4446 1,831 2,000 1,900 2,000 Total 1,831 2,000 1,900 2,000

TOTAL REVENUES 556,698 576,812 571,539 588,156

EXPENSES

TECHNOLOGY 5245 2,202 2,500 2,231 2,500 Total 2,202 2,500 2,231 2,500

COLLECTION BY CONTRACTOR 5370 534,660 553,774 553,680 564,156 Total 534,660 553,774 553,680 564,156

FUEL SURCHARGE 5370-100 469 2,000 475 1,500 Total 469 2,000 475 1,500

RECYCLING SURCHARGE 5370-200 - 3,500 1,000 3,500 Total - 3,500 1,000 3,500

REFUSE STICKER PURCHASES 5371 1,439 1,200 1,000 1,200 Total 1,439 1,200 1,000 1,200

ROLL-OFF CARTAGE CHARGE 5372 2,482 6,000 5,500 6,000 Total 2,482 6,000 5,500 6,000

DUMPING CHARGE 5455 1,890 13,000 2,760 10,000 Total 1,890 13,000 2,760 10,000

TOTAL EXPENDITURES 543,142 581,974 566,646 588,856

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 13,556 (5,162) 4,893 (700)

37 Metra Fund Budget Footnotes

Acct No. Account Description Budgeted Amount Notes 4450 Daily Parking Fees $6,000 Commuters pay $1.50 per day to park in the lot. 4611 Interest $500 Interest earned on banking deposits. REVENUE TOTAL $6,500 5350 Utilities $1,500 ComEd charges for lighting. 5470 Service Charges $2,500 Fees for online payments. Maintenance/Service 5504 Contracts $2,500 For surveillance cameras and paybox maintenance agreements. 5585 Landscaping $0 Landscaping costs. 5586 Paybox $100 For miscellaneous supplies (i.e. receipt rolls). Monthly fee for data service for cameras at the Metra lot and also 5587 Technology $1,350 includes upgrade of existing server at the METRA station. 5800 Contingencies $5,000 EXPENDITURE TOTAL $12,950

METRA FUND TOTAL -$6,450

METRA AMEND ACCT # FUND 25 FY 19-20 ED FY 20- FY 20-21 AUDITED 21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES DAILY PARKING FEES 4450 22,098 4,000 1,170 6,000 Total 22,098 4,000 1,170 6,000 INTEREST 4611 600 100 410 500 Total 600 100 410 500 TOTAL REVENUES 22,698 4,100 1,580 6,500 EXPENSES UTILITIES 5350 1,006 2,000 680 1,500 Total 1,006 2,000 680 1,500

BANK & SERVICE CHARGES 5470 2,464 2,800 1,620 2,500 Total 2,464 2,800 1,620 2,500

MAINTENANCE/SERVICE CONTRACTS 5504 Surveillance Cameras Maint. Agreement - 1,750 - - Payment Box Annual Service Agreement 2,340 2,500 2,340 2,500 Total 2,340 4,250 2,340 2,500

PAYMENT BOX 5586 - 500 25 100 Total - 500 25 100

TECHNOLOGY 5587 Comcast Surveillance Cameras & Software - 4,300 - - Surveillance Cameras 1,320 1,350 1,320 1,350 METRA Station Server Replacement - 3,000 2,978 - Total 1,320 8,650 4,298 1,350

CONTINGENCIES 5800 3,572 5,000 4,140 5,000 Total 3,572 5,000 4,140 5,000

TOTAL EXPENDITURES 10,701 23,200 13,103 12,950

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 11,997 (19,100) (11,523) (6,450)

39 American Rescue Plan Act Fund Budget Footnotes

Funds received by the Village through the passage of the 2021 American Rescue Plan Act (ARPA). Funds received will be deposited into this fund for future use. Funds must be expended by 12/31/24.

Acct No. Account Description Budgeted Amount Notes 4184 ARPA Funding $623,669 ARPA funds received by the Village 4611 Interest $0 Interest earned on banking deposits. REVENUE TOTAL $623,669 6452 Facilities $0 EXPENDITURE TOTAL $0 5910 General Fund Transfer $0 Transfers to the Genreal Fund. Capital Projects Fund 5938 Transfer $0 Transfers to the Capital Projects Fund. TRANSFER TOTAL $0

ARPA FUND TOTAL $623,669

40 AMERICAN RESCUE PLAN ACT AMEND ACCT # FUND FY 19-20 ED FY 20- FY 20-21 FUND 27 AUDITED 21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES ARPA FUNDING 4184 - - - 623,669 Total - - - 623,669 INTEREST 4611 - - - - Total - - - - TOTAL REVENUES - - - 623,669 EXPENSES FACILITIES 6452 - - - - Total - - - -

TOTAL EXPENDITURES - - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES - - - 623,669

TRANSFERS IN (OUT) CAPITAL PROJECTS FUND 5938 - - - - Total - - - -

GENERAL FUND 5910 - - - - Total - - - -

TOTAL TRANSFERS IN (OUT) - - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS - - - 623,669

41 Motor Fuel Tax Fund Budget Footnotes

The MFT fund reflects tax money received from the Motor Fuel Tax program. Motor Fuel Tax is collected on gasoline sold, pooled by the State, and then distributed back to the communities based on population (for municipalities).

Acct No. Account Description Budgeted Amount Notes 4141 Allotments Earned $120,000 Motor Fuel Tax (MFT) funds collected from the sale of gasoline 4611 Interest $3,000 REVENUE TOTAL $123,000 5355 Street Lighting $50,000 Street Lighting costs. 6430 Alley Improvements $0 Alley improvement project costs. 6435 Proviso Drive $75,000 Village share of reconstruction of Proviso Drive EXPENDITURE TOTAL $125,000 5920 MFT Fund Transfer $0 TRANSFER TOTAL $0

MOTOR FUEL TAX FUND TOTAL -$2,000

MOTOR FUEL TAX FY 19-20 AMENDED FY 20-21 ACCT # FUND 28 AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES ALLOTMENTS EARNED 4141 192,221 129,444 107,120 120,000 Total 192,221 129,444 107,120 120,000

INTEREST ON INVESTMENTS 4611 9,654 8,000 2,100 3,000 Total 9,654 8,000 2,100 3,000

TOTAL REVENUES 201,875 137,444 109,220 123,000

EXPENSES

STREET LIGHTING 5355 49,111 40,000 49,100 50,000 Total 49,111 40,000 49,100 50,000

PROVISO DRIVE 6435 - 147,277 147,277 75,000 Total - 147,277 147,277 75,000

ALLEY IMPROVEMENTS 6430 47,095 365,000 194,728 - Total 47,095 365,000 194,728 -

TOTAL EXPENDITURES 96,206 552,277 391,105 125,000

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 105,669 (414,833) (281,885) (2,000)

TRANSFERS IN (OUT) UTILITY FUND 5920 (125,000) - - - Total (125,000) - - -

TOTAL TRANSFERS IN (OUT) (125,000) - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 230,669 (414,833) (281,885) (2,000)

43 Vehicle & Equipment Replacement Reserve Fund Budget Footnotes

This fund was established to finance vehicle and equipment replacements at their scheduled time. The Village separated vehicle and capital improvement items into their own fund since a long-term Financial Management Plan for Capital Projects was developed.

Acct No. Account Description Budgeted Amount Notes In FY 22, Non Tax Revenue was moved from the General Fund to the 4600 Non Tax Revenue $256,000 Vehicle Replacement fund. 4611 Interest Income $2,000 Sale of Equipment & 4820 Vehicles $0 Proceeds from the sale of Village vehicles and equipment. REVENUE TOTAL $258,000

6003 Fire Vehicles $0 Purchase of Fire Department vehicles. 6030 Police Vehicles $50,000 Purchase of Police Department vehicles. 6081 Public Works Vehicles $130,000 Purchase of Public Works Department vehicles. EXPENDITURE TOTAL $180,000

4910 Transfer from General Fund $0 Transfer from General Fund for purchase of vehicles. TRANSFER TOTAL $0

VEHICLE FUND TOTAL $78,000

44 VEHICLE & EQUIPMENT REPLACEMENT ACCT # FY 19-20 AMENDED FY 20-21 FUND 30 AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES

NON TAX REVENUE 4600 - - - - ####### # Total - - - 256,000

INTEREST INCOME 4611 - - 2,000 - 2,000 Total - 2,000 - 2,000

SALE OF EQUIPMENT & VEHICLES 4820 - 1,000 - 3,000 Total - 1,000 - 3,000

TOTAL REVENUES - 3,000 - 261,000

EXPENSES

FIRE VEHICLES 6003 Fire Prevention 31,638 - - - Pumper - 800,000 - - Deputy Chief - - - - Grant Local Match - 51,268 51,268 - Total 31,638 851,268 51,268 -

POLICE VEHICLES 6030 Detective/Investigations 18,926 - - - Patrol - 150,000 150,000 50,000 Total 18,926 150,000 150,000 50,000

PUBLIC WORKS VEHICLES 6081 Small Dump Truck - - - - Pickup Truck - - - - Sweeper - - - - Combination Tracker - - - - Front End Loader - - - - Sidewalk Cleaner 42,210 - - - Plow Trucks - 252,000 126,000 130,000 Total 42,210 252,000 126,000 130,000

TOTAL EXPENDITURES 92,774 1,253,268 327,268 180,000

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (92,774) (1,250,268) (327,268) 81,000

TRANSFERS IN (OUT) FROM GENERAL FUND 4910 (100,000) (100,000) - - - Total (100,000) - - -

TOTAL TRANSFERS IN (OUT) (100,000) - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS (192,774) (1,250,268) (327,268) 81,000

45 Village of Berkeley 5-Year Vehicle Replacement Plan

Vehicle & Equipment Replacement Fund Cash Outlay Useful Year Life ID # Vehicle/Equipment 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Fire 2016 10 350 Ford Explorer - Chief 25,000 25,000 2005 20 351 Pumper (DA41M-2142) 750,000 750,000

1996 20 352 Pumper (Champion) 750,000 750,000

2014 20 354 Ambulance (E-450) 250,000 250,000 2019 10 357 Ford Pick Up - Fire Prevention - 2017 10 356 Ford Expedition - Fire Prev. - Total - - 1,000,000 - 775,000 1,775,000

Police Purchase of vehicles include lighting, striping, and all equipment needed. 2015 3 601 Ford Explorer-Patrol 50,000 50,000 2017 3 602 Ford Explorer-Patrol 50,000 50,000 2017 3 603 Ford Explorer-Patrol 50,000 50,000 2015 3 604 Ford Explorer-Patrol 50,000 50,000 2016 3 605 Ford Explorer-Patrol 50,000 50,000 3 600 Investigations 30,000 30,000 60,000 2016 3 606 Ford Explorer-Patrol 50,000 50,000 100,000 2017 2 608 Chief's Vehicle 50,000 50,000 100,000 2013 4 609 Chevy Tahoe - Court/Training 35,000 35,000 Total 50,000 80,000 185,000 150,000 80,000 545,000

Public Works 2018 10 620 Ford F350 Utility/Dump Body - 2004 15 621 Plow Truck (Harvester) - 2017 10 622 Ford F350 Small Dump Body - 2004 15 623 Plow Truck (Harvester) 130,000 130,000 2000 20 625 Lift-all Bucket Truck 125,000 125,000 626 Dump Truck 2005 15 627 Brush Chipper 100,000 100,000 1990 30 628 Air Compressor - 2019 15 629 Kubota RTV -

46 Village of Berkeley 5-Year Vehicle Replacement Plan

Useful Year Life ID # Vehicle/Equipment 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total 2018 15 631 Schwarze Sweeper - 2021 20 632 Vactor - 2005 10 640 Combination Tractor 150,000 150,000 642 Pumps - 2015 15 650 Ford F150 Pickup (Water) - 30 651 Trailer - 2015 10 660 Ford F150 (PW Supt. Vehicle) - 2007 5 661 Chevy Tahoe - 1999 643 Front End Loader 125,000 125,000 Total 130,000 125,000 100,000 125,000 150,000 630,000

Equipment

Fire Vehicle Equipment Grant Lo 20,315 20,315 Fire Engine Grant Local Match 30,952 30,952 Total 51,268 - - - - 51,268

Total 231,268 205,000 1,285,000 275,000 1,005,000 3,001,268

47 TIF #1 Fund Budget Footnotes

The TIF #1 fund was created for property taxes collected from the St. Charles Road TIF area established in 2001. Taxes collected must remain in the fund and be used for eligible projects in the TIF area.

Acct No. Account Description Budgeted Amount Notes 5220 Professional Services $0 TIF #1 FUND TOTAL $0

TIF #1 FUND FY 19-20 AMENDED FY 20-21 ACCT # FUND 34 AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES INTEREST INCOME 4611 - - - - - Total - - - -

TOTAL REVENUES - - - -

EXPENSES

LEGAL 5201 - - - - - Total - - - -

PROFESSIONAL SERVICES 5220 St. Charles Road Econ Dev Plan - - - - Total - - - -

TOTAL EXPENDITURES - - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES - - - -

49 TIF #2 Fund Budget Footnotes

The TIF #2 fund was created to segregate property tax collected from the McDermott Drive/St. Charles Road TIF #2 area established in 2015. Taxes collected must remain in the fund and be used for eligible projects in the TIF area.

Acct No. Account Description Budgeted Amount Notes 4003 Real Estate Taxes $285,000 4611 Interest $1,200 REVENUE TOTAL $286,200

5201 Legal $0 Legal costs. 5220 Professional Services $39,500 Economic Development for St. Charles Road and Taft Avenue. 6609 TIF Assistance Program $130,000 TIF Façade Program and Mittera reimbursement based on agreement. EXPENDITURE TOTAL $169,500

TIF #2 FUND TOTAL $116,700

50 TIF #2 FUND FY 19-20 AMENDED FY 20-21 FUND 35 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES REAL ESTATE TAXES - TIF 4003 244,277 300,000 281,800 285,000 Total 244,277 300,000 281,800 285,000

INTEREST INCOME 4611 1,436 1,700 1,200 1,200 Total 1,436 1,700 1,200 1,200

TOTAL REVENUES 245,713 301,700 283,000 286,200

EXPENSES

PROFESSIONAL SERVICES 5220 St. Charles Road Corridor Plan - - - 27,000 Economic Development Marketing 7,500 8,000 - 12,500 Total 7,500 8,000 - 39,500

TIF ASSISTANCE PROGRAM 6609 TIF Façade Program 10,000 50,000 10,000 50,000 Redevelopment Agreement 76,245 69,277 69,277 80,000 Total 86,245 119,277 79,277 130,000

TOTAL EXPENDITURES 93,745 127,277 79,277 169,500

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 151,968 174,423 203,723 116,700

51 Capital Reserve Fund Budget Footnotes

The Capital Reserve Fund was created to finance vehicle, equipment and capital replacements at their scheduled time. The Village separated the Capital Reserve Fund from Vehicles since a long-term Financial Management Plan for Capital Projects was developed. What is considered a Capital Project/Purchase? 1. Per unit cost at least $10,000 2. Useful life of at least one (1) year 3. Inconsistent purchase to department budget (i.e. purchase made every three or five years)

Acct No. Account Description Budgeted Amount Notes Reimbursements from grant funding received for various Village 4194 Capital Projects Grants $1,297,777 projects. 4611 Interest $0 4706 Interest on CD $0 REVENUE TOTAL $1,297,777 Includes the purchase and installation of Village-wide IT projects and 5245 Technology $60,000 upgrades. 6201 Protective Fire Gear $25,000 Replacement of protective fire equipment. 6452 Facilities $286,047 Various facility maintenance and upgrade projects for Village buildings. 6635 Sidewalk Replacement $25,000 Replacement of sidewalks throughout the Village. 6640 Proviso Drive $536,177 Engineering costs for Proviso Drive reconstruction project. 6641 Water Main Lining Project $0 b Flood Recreational Engineering and Construction costs for recreational upgrades at Flood 6647 Upgrades $205,600 Detention project. FY 22-construction of parking lot. Pedestrian Connector 6658 Project $85,000 Engineering cost for walking path around Flood Detention project Sidewalk Improvement 6660 Project $208,000 Engineering cost for new residential sidewalks east of Wolf Road. Prairie Path Lighting Construction cost for new lighting along the Berkeley section of the 6661 Project $200,000 Illinois Prairie Path. EXPENDITURE TOTAL $1,630,824 4921 Utility Fund Transfer $0 Transfers from the Utility Fund. 4854 ARPA Fund Transfer $0 Transfers from the ARPA Fund. TRANSFER TOTAL $0

CAPITAL PROJECTS TOTAL -$333,047

52 CAPITAL IMPROVEMENT FY 19-20 AMENDED FY 20-21 PROJECTS AUDITED FY 20-21 EOY FY 21-22 FUND 38 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES

Capital Projects Grants 4194 IDOT Reimbursement: McDermott Drive - 177,965 177,965 - Proviso Drive 164,697 - - 536,177 Flood Mitigation Grants 428,766 313,000 313,000 313,000 Flood Recreational Grants - - - 205,600 Industrial Connector - 45,000 - 85,000 Sidewalk Improvement Project - 65,000 - 158,000 Total 593,463 600,965 490,965 1,297,777

INTEREST 4611 - - - - Total - - - -

INTEREST ON CD 4706 2,958 2,000 3,000 - Total 2,958 2,000 3,000 -

TOTAL REVENUES 596,421 602,965 493,965 1,297,777

EXPENSES TECHNOLOGY 5245 Finance Software Upgrade 2,045 - - - Electronic Message Board - - - 30,000 Public Works Firewall Upgrade - - - 20,000 Village Hall Server Upgrade - 9,000 9,000 - PD Video Server Replacement - 5,000 4,011 - Police Vehicle Cameras - -

Village Hall Network Switch Replacement - 5,800 5,686 - Village Hall NAS Device Addition - 2,300 2,317 - Battery Backup Units Replacement - - - 10,000 Total 2,045 22,100 21,014 60,000

53 CAPITAL IMPROVEMENT FY 19-20 AMENDED FY 20-21 PROJECTS AUDITED FY 20-21 EOY FY 21-22 FUND 38 ACCT # ACTUAL BUDGET ESTIMATE BUDGET PROTECTIVE FIRE GEAR 6201 - 25,000 25,000 25,000 Total - 25,000 25,000 25,000

ST. CHARLES LIGHT BASE PROJECT 6406 22,122 - - Total 22,122 - - -

FACILITIES 6452 Roof Replacement-Village Hall & Fire - - - 200,000 HVAC Study (690) - - 50,000 Concrete Apron - Fire Department - 10,000 - 10,000 Police Department Improvements - - - Villae Hall Facilities Upgrade - - - - Village Hall Building Feasibility Study - - - - Tuck-Pointing-Village Hall - - - 25,000 Fire Sprinkler and Vehicle Exaust Local Match - 1,047 1,047 1,047 Total (690) 11,047 1,047 286,047

5829 ELECTRIC AVENUE PURCHASE 6605 - 172,000 171,023 - Total - 172,000 171,023 -

SIDEWALK REPLACEMENT PROGRAM 6635 Annual Replacement 24,190 25,000 18,045 25,000 Total 24,190 25,000 18,045 25,000

PROVISO DRIVE 6640 Construction & Phase III Engineering 104,214 277,646 - 536,177 Total 104,214 277,646 - 536,177

DEDICATED DRAINAGE/FLOODING MAINTENANCE 6646 506,260 - - - Total 506,260 - - -

54 CAPITAL IMPROVEMENT FY 19-20 AMENDED FY 20-21 PROJECTS AUDITED FY 20-21 EOY FY 21-22 FUND 38 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

FLOOD RECREATIONAL UPGRADES 6647 Parking Lot, Trees, Aesthetics - - - 205,600 Total - - - 205,600

PEDESTRIAN CONNECTOR PROJECT 6658 Phase II Engineering 5,449 45,000 45,000 85,000 Total 5,449 45,000 45,000 85,000

1812 N. Taft Ave Demolition Costs 6659 - 44,000 43,765 - Total - 44,000 43,765 -

SIDEWALK IMPROVEMENT PROJECT 6660 Phase I & II Engineering - 73,700 73,700 208,000 Total - 73,700 73,700 208,000

PRAIRIE PATH IMPROVEMENTS 6661 Lighting, Native Species, Benches - - - 200,000 Total - - - 200,000

TOTAL EXPENDITURES 663,591 695,493 398,594 1,630,824

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (67,170) (92,528) 95,371 (333,047)

TRANSFERS IN (OUT) FROM UTILITY FUND 4921 1,100,000 - - - Total 1,100,000 - - -

FROM ARPA FUND 4854 - - - - Total - - - -

TOTAL TRANSFERS IN (OUT) 1,100,000 - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 1,032,830 (92,528) 95,371 (333,047)

55 Village of Berkeley 5-Year Capital Improvement Plan

Improvement Plan is inclusive of the all proposed projects within Capital Reserve,

Capital Improvement Plan Cash Outlay

Project 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Funding Source/Notes

Capital Reserve

100% of Phase II engineering ($277,646) covered by the Village. Phase III engineering ($334,658) is initially covered 100% by Village with 80% ($267,726) reimbursed by IDOT. Construction will be covered 80% ($2,231,043) by IDOT and 20% ($557,761) by the Village. IDOT will cover construction at 100% and will seek reimbursement from the Village. The Village may Proviso Drive (Engineering & Paving) 536,177 536,177 use MFT Funds for match or seek EDP grant for match. Flood Recreational Upgrades 205,600 Detention Basin Parking Lot (CDBG Funding) Pedestrian Connector 85,000 Walking path around the Detention Basin Sidewalk Improvement Project 208,000 East of Wolf Road Residential Sidewalk Additions Prairie Path Lighting & Aesthetic Project 200,000 200,000 Capital Fund Sidewalk Replacement 25,000 25,000 50,000 Capital Fund Public Works Firewall Upgrade 20,000 20,000 Capital Fund PD Video Server Replacement - Capital Fund Village Hall Network Switch Replacement - Capital Fund Village Hall NAS Device Addition - Capital Fund Battery Backup Units 10,000 10,000 Capital Fund Concrete Front Apron 10,000 45,000 55,000 Capital Fund Electronic Message Signs 30,000 30,000 Capital Fund Generator 200,000 200,000 FEMA Grant: $180,953; Village Share: $9,047 Roof Replacement - Village Hall & Fire 200,000 200,000 Capital Fund HVAC Study 50,000 Administration Fire Sprinkler and Vehicle Exhaust Local Match 1,047 Capital Fund; Village Share: $1,048 Surveillance Cameras -

Turnout Gear 25,000 25,000

Total 1,630,824 225,000 45,000 - - 1,351,177

MFT Alley Engineering & Reconstruction - Butterfield (East of Atwood) - MFT - Priority #3 Alley Engineering & Reconstruction - Calvin to High - MFT - Priority #1 Coolidge (Grind & Pave) 50,000 50,000 Complete Grind & Pave (11 locations) - Total - 50,000 - - - 50,000

56 Village of Berkeley 5-Year Capital Improvement Plan

Project 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Funding Source/Notes Water Water Main Lining 160,000 160,000 Water Fund Water Meter Software Upgrade - Water Fund Water Risk and Resiliency Study - Water Fund Total 160,000 - - - - 160,000

Sewer Complete Sewer Lining/MWRD Project - IRIS Mainline Sewer Camera - Total ------

E-911 EMS Equipment & Radios - Fire - E-911 Total ------

Refuse - Refuse Total ------

Total Cost $ 1,790,824 $ 275,000 45,000$ -$ -$ $ 1,561,177

57 Debt Service Fund Budget Footnotes

The Debt Service Fund segregates money to pay the Village’s outstanding notes when they come due.

Acct No. Account Description Budgeted Amount Notes Payment on the 2004 General Obligation bonds issued to finance the St. Charles Road construction. These bonds were refinanced in 2017 and 5860 Principal 2004 GO Bonds $175,332 will be paid off in December 2023. Payment on the 2004 General Obligation bonds issued to finance the St. Charles Road construction. These bonds were refinanced in 2017 and 5905 Interest 2004 GO Bonds $10,664 will be paid off in December 2023. EXPENDITURE TOTAL $185,996 4921 Transfer from Utility Fund $185,996 Transfer from Utility Fund to pay the GO Bond. TRANSFER TOTAL $185,996

DEBT SERVICE FUND TOTAL $0

AMENDE DEBT SERVICE ACCT # FY 19-20 D FY 20- FY 20-21 FUND 40 AUDITED 21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES INTEREST 4611 43 - 100 75 Total 43 - 100 75

TOTAL REVENUES 43 - 100 75

EXPENSES

PRINCIPAL PAYMENT 2004 BOND 5860 161,000 161,000 168,000 168,000 175,332 Total 161,000 168,000 168,000 175,332

INTEREST EXPENSE - 2004 BOND 5905 16,999 16,999 13,940 13,940 10,664 Total 16,999 13,940 13,940 10,664

TOTAL EXPENDITURES 177,999 181,940 181,940 185,996

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (177,956) (181,940) (181,840) (185,921) TRANSFERS IN (OUT) FROM UTILITY FUND 4921 185,000 185,000 120,000 120,000 185,996 Total 185,000 120,000 120,000 185,996

FROM BOND PROJECT 4937 - - - - - Total - - - -

TOTAL TRANSFERS IN (OUT) 185,000 120,000 120,000 185,996

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 7,044 (61,940) (61,840) 75

59 Water Fund Budget Footnotes

The Water Fund was created to account for the water operations of the Village. The Library and Park Districts are not charged for their water usage.

Acct No. Account Description Budgeted Amount Notes Water billing revenue assumes an overall rate increase of 0% remaining $10.48/1,000 gallons effective Revenue also includes a fixed monthly 4430 Water Billing $2,255,420 charge of $13.25. 4435 Turn On Fees $500 4438 Water Meter Sales $1,500 Sales of new water meters. Not a stable revenue source.

4444 Penalties $70,000

4611 Interest Income $2,500 REVENUE TOTAL $2,330,180 Salaries include the salary for Village Administrator (10%), Assistant to the Village Administrator (10%), Deputy Village Clerk (25%), AP Specialist (10%), Office Assistant (25%), Superintendent of Public 5100 Salaries $177,794 Works (25%), and 5 full-time Public Works foreman/laborers (25%). Includes Village Administrator (20%), Assistant to the Village Administrator (20%), Deputy Village Clerk (25%), and 25% of the insurance for Superintendent and full-time Public Works 5160 Insurance $37,282 foreman/laborers. Cost to perform inspections. A program required by the IEPA to verify that Village businesses cross connection control devices are working correctly. The Village pays a firm $65 for each device inspected. The 5225 Backflow Inspections $2,000 inspections are done annually. 5235 Professional Services $9,500 10% of accountant services Includes Springbrook assistance. This cost is being split between the 5245 Technology $11,200 Water and Sewer Funds. Printing and postage for bills and late notices. Cost includes Postage, 5250 Printing & Postage $10,000 Printing, and Miscellaneous Items. Hillside-Berkeley Water 5380 Commission $1,176,808 Water purchase through Hillside-Berkeley Water Commission. 5455 Dumping Charges $7,500 Costs incurred for dumping of clay/dirt for repair of water main breaks. Water sample testing charges. Also includes credit card fees, lockbox fees, online bill pay which is split between Water and Sewer, and PDC 5470 Bank & Service Charges $38,000 Labs. 5490 Survey of Water System $8,000 Professional services for location of leaks. 5525 Maintenance of Equipment $1,500 Maintenance of Fire 5530 Hydrants $6,000 Maintenance of all fire hydrants Repair & Maintenance of Purchase of water main repair parts and supplies and emergency water 5535 Water System $50,000 main repair costs. 5542 Water Meters & Parts $8,000 Replace water meters Village-wide.

5465 Misc. Reimbursable Expense $0 Miscellaneous expenses that will be reimbursed. 5610 Supplies $500 5620 Tools & Small Equipment $2,000 5800 Contingencies $5,000 5850 Melrose Park Debt Service $344,726

60 Acct No. Account Description Budgeted Amount Notes

6308 Maintenance of Water Tank $1,500 EXPENDITURE TOTAL $2,057,310

5915 IMRF & FICA Transfer -$26,580 Transfer to IMRF & FICA for Public Works salaries. TRANSFER TOTAL -$26,580

WATER FUND TOTAL $246,290

61 WATER FUND FUND 50 FY 19-20 AMENDED FY 20-21 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES WATER BILLINGS 4430 2,241,968 2,241,968 2,400,000 2,347,393 2,255,420 Total 2,241,968 2,400,000 2,347,393 2,255,420

TURN ON FEES 4435 425 425 500 400 500 Total 425 500 400 500

BACKFLOW INSPECTIONS 4436 260 260 - - 260 Total 260 - - 260

WATER METER SALES 4438 1,813 1,813 1,500 225 1,500 Total 1,813 1,500 225 1,500

PENALTIES 4444 67,167 67,167 70,000 65,000 70,000 Total 67,167 70,000 65,000 70,000

INTEREST INCOME 4611 4,187 4,187 4,500 1,900 2,500 Total 4,187 4,500 1,900 2,500

MISCELLANEOUS INCOME 4655 10,484 10,484 - 25 - Total 10,484 - 25 -

TOTAL REVENUES 2,326,304 2,476,500 2,414,943 2,330,180

EXPENSES SALARIES 5100 Village Administrator 13,493 13,115 13,115 14,443 Assistant Village to the Administrator 6,289 7,571 7,571 8,060 Deputy Village Clerk 18,032 18,866 18,866 19,340 (2) Office Specialists - 26,722 26,722 27,391 AP Specialist 3,691 3,849 3,849 3,945 Office Assistant 4,436 - - - Public Works Superintendent 24,467 23,362 23,362 23,946 Foreman 17,299 17,701 17,701 18,143 Laborers (4) 60,588 48,949 52,280 48,156 Water Operator 14,487 14,019 14,019 14,369 Total 162,781 174,154 177,485 177,794

62 WATER FUND FUND 50 FY 19-20 AMENDED FY 20-21 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

INSURANCE 5160-201 Dental, Health, Life 38,450 32,245 32,245 37,282 Total 38,450 32,245 32,245 37,282

IMRF PENSION EXPENSE 5167-015 5,849 5,849 15,021 15,021 14,834 Total 5,849 15,021 15,021 14,834

OPEB EXPENSE 5168 9,837 9,837 12,786 12,786 12,952 Total 9,837 12,786 12,786 12,952

BACKFLOW INSPECTIONS 5225 325 325 2,000 - 2,000 Total 325 2,000 - 2,000

PROFESSIONAL SERVICES 5235 Accountant 8,330 5,000 5,000 9,000 Water & Sewer CIP Study - - 475 500 Total 8,330 5,000 5,475 9,500

TECHNOLOGY 5245 Springbrook 4,715 7,500 4,462 7,500 Neptune 360 Software - 3,700 3,700 3,700 Total 4,715 11,200 8,162 11,200

PRINTING & POSTAGE 5250 8,977 8,977 8,000 9,400 10,000 Total 8,977 8,000 9,400 10,000

HILLSIDE-BERKELEY WATER COMM 5380 1,118,595 1,118,595 1,283,272 1,125,000 1,176,808 Total 1,118,595 1,283,272 1,125,000 1,176,808

DUMPING CHARGES 5455 - - 7,500 2,500 7,500 Total - 7,500 2,500 7,500

BANK & SERVICE CHARGES 5470 Bank Service Charges 3,568 16,000 5,546 8,000 Coliform Samples (Enviro Test) 635 960 684 1,000 Credit Card Fee (Blue Pay) 4,299 4,000 4,944 5,500 Credit Card Fee (Blue Merchant) 5,250 - 8,100 9,000 Lockbox 618 2,500 - 2,500 Springbrook Software 1,887 - - 2,000 Online Bill Pay Charges (Springbrook) 2,349 3,000 4,980 5,000 Neptune 360 - - - 4,000 PDC Labs 210 1,200 1,100 1,000 Total 18,815 27,660 25,354 38,000

63 WATER FUND FUND 50 FY 19-20 AMENDED FY 20-21 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

SURVEY OF WATER SYSTEM 5490 8,375 8,375 8,000 6,519 8,000 Total 8,375 8,000 6,519 8,000

MAINTENANCE OF EQUIPMENT 5525 55 55 2,000 - 1,500 Total 55 2,000 - 1,500

MAINTENANCE OF FIRE HYDRANTS 5530 - - 6,000 - 6,000 Total - 6,000 - 6,000

REPAIR & MAINT-WATER SYSTEM 5535 Valve Exercising and Repair - - - - Repair and Maintenance of Water Main 50,076 50,000 40,000 50,000 Water Software Upgrade 2,306 3,150 2,360 - Water Risk and Resiliency Study - 35,000 22,000 - Total 52,382 88,150 64,360 50,000

WATER METERS & PARTS 5542 8,084 8,084 - - 8,000 Total 8,084 - - 8,000

WATER MAIN REPLACEMENT 5545

- - 260,000 230,134 160,000 Total - 260,000 230,134 160,000

SUPPLIES 5610 261 261 500 260 500 Total 261 500 260 500

TOOLS & SMALL EQUIPMENT 5620 Miscellaneous Equipment - 7,859 4,408 2,000 Total - 7,859 4,408 2,000

CONTINGENCIES 5800 - - 5,000 - 5,000 Total - 5,000 - 5,000

MELROSE PARK DEBT SERVICE 5850 Monthly Payment 432,216 419,644 419,644 344,726 Total 432,216 419,644 419,644 344,726

64 WATER FUND FUND 50 FY 19-20 AMENDED FY 20-21 AUDITED FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET MAINTENANCE OF WATER TANK 6308 Miscellaneous 2,190 1,500 1,000 1,500 Total 2,190 1,500 1,000 1,500

VEHICLE PURCHASE 6652

- - 240,180 240,180 - Total - 240,180 240,180 -

VEHICLE REPAIR 6653

- - 10,000 8,000 - Total - 10,000 8,000 -

TOTAL EXPENDITURES 1,880,236 2,627,671 2,387,933 2,085,097

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 446,068 (151,171) 27,010 245,083

TRANSFERS IN (OUT)

TO FICA & IMRF 5915 (23,498) (27,680) (27,807) (26,580) Total (23,498) (27,680) (27,807) (26,580)

TO WATER RESERVE FUND 5952 - - - - - Total - - - -

FROM WATER RESERVE FUND 4952 - - - - - Total - - - -

TOTAL TRANSFERS IN (OUT) (23,498) (27,680) (27,807) (26,580)

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 422,570 (178,851) (797) 218,503

65 Water Reserve Fund Budget Footnotes

The water reserve fund was created to set aside funds for future water projects.

Acct No. Account Description Budgeted Amount Notes 4611 Interest $5,000 REVENUE TOTAL $5,000

WATER RESERVE FUND TOTAL $5,000

AMENDE WATER RESERVE FUND FY 19-20 D FY 20- FY 20-21 FUND 52 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES INTEREST 4611 16,499 16,499 9,000 3,000 5,000 Total 16,499 9,000 3,000 5,000

TOTAL REVENUES 16,499 9,000 3,000 5,000

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 16,499 9,000 3,000 5,000

67 Sewer Fund Budget Footnotes

This fund was established to account for the Village’s sewer operations. Beginning in FY14, the auditors have requested that capital projects be charged to the Sewer Fund rather than the Sewer Reserve Fund as it is an Enterprise Fund.

Acct No. Account Description Budgeted Amount Notes 4441 Sewer Charges $365,000 Sewer rates for FY20 is $1.45 per gallon with a fixed rate of $7.75. 4444 Penalties $15,000 Penalty rate on sewer billings based on past experience. 4611 Interest Income $1,500 REVENUE TOTAL $381,500 Salaries include the salary for Village Administrator (10%), Assistant Village Administrator (10%), Deputy Village Clerk (25%), AP Specialist (10%), Office Assistant (25%), Superintendent of Public Works (25%), 5100 Salaries $163,424 and 5 full-time Public Works foreman/laborers (25%). Includes Village Administrator (20%), Assistant Village Administrator (20%), Deputy Village Clerk (25%), and 25% of the insurance for 5160 Insurance $37,282 Superintendent and full-time Public Works foreman/laborers. 5235 Professional Services $7,000 10% of accountant services Includes Springbrook assistance and the purchase of a camera to record 5245 Technology $7,500 sewer lines. 5250 Printing & Postage $10,000 Printing and postage for bills and late notices. 5300 Training $1,000 Sanitary Certification Training 5350 Utilities $7,500 Gas and electric for pump station

5510 Pump Station Maintenance $3,420 Maintenance for Pump Station and Generator 5540 Repair & Maintenance $50,000 5540-100 Sewer Main Lining/Repair $0 For the lining and repair of sewer lines throughout the Village. 5610 Supplies $0 5800 Contingencies $5,000 For miscellaneous repairs and water loss. EXPENDITURE TOTAL $312,126 5915 IMRF & FICA Transfer -$26,580 Transfer to IMRF & FICA for Public Works salaries. TRANSFER TOTAL -$26,580

SEWER FUND TOTAL $42,794

68 SEWER FUND FUND 54 FY 19-20 AMENDE FY 20-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES SEWER CHARGES 4441 344,290 350,000 378,600 365,000 Total 344,290 350,000 378,600 365,000

PENALTIES 4444 13,186 15,000 13,500 15,000 Total 13,186 15,000 13,500 15,000

INTEREST INCOME 4611 300 3,000 900 1,500 Total 300 3,000 900 1,500

TOTAL REVENUES 357,776 368,000 393,000 381,500

EXPENSES SALARIES 5100 Village Administrator 13,493 13,115 13,115 14,443 Assistant to the Village Administrator 6,288 7,571 7,571 8,060 Deputy Village Clerk 18,032 18,866 18,866 19,340 (2) Office Specialists - 26,722 26,722 27,391 AP Specialist 3,691 3,849 3,849 3,945 Office Assistant 4,436 - - - Public Works Superintendent 24,467 23,362 23,362 23,946 Foreman 17,298 17,701 17,701 18,143 Laborers (4) 60,588 48,949 52,280 48,156 Total 148,293 160,135 163,466 163,424

INSURANCE 5160-201 Dental, Health, Life 38,450 32,245 33,359 37,282 Total 38,450 32,245 33,359 37,282

IMRF PENSION EXPENSE 5167-015 6,534 15,021 15,333 14,834 Total 6,534 15,021 15,333 14,834

69 SEWER FUND FUND 54 FY 19-20 AMENDE FY 20-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET OPEB EXPENSE 5168-015 9,837 12,786 13,041 12,952 Total 9,837 12,786 13,041 12,952

PROFESSIONAL SERVICES 5235 Accountant 4,465 5,000 4,400 5,000 Compliance Reporting - 2,000 1,000 2,000 Water & Sewer CIP Study 1,066 - - - Total 5,531 7,000 5,400 7,000

TECHNOLOGY 5245 Springbrook 4,405 10,000 4,462 7,500 IRIS Mainline Sewer Camera 35,705 - - - Total 40,110 10,000 4,462 7,500

PRINTING & POSTAGE 5250 7,529 8,000 6,164 10,000 Total 7,529 8,000 6,164 10,000

CONFERENCES, TRAININGS & TRAVEL 5300 - 1,000 - 1,000 Total - 1,000 - 1,000

UTILITIES 5350 - 7,000 4,400 7,500 Total - 7,000 4,400 7,500

BANK & SERVICE CHARGES 5470 17,970 15,000 20,000 20,000 Total 17,970 15,000 20,000 20,000

PUMP STATION MAINTENANCE 5510 Flowtechnics (Lift Station Maintenance) - 2,100 1,500 2,100 Detention Pond Generator Maintenance - 1,320 - 1,320 Total - 3,420 1,500 3,420

REPAIRS & MAINTENANCE 5540 19,392 94,320 14,000 50,000 Total 19,392 94,320 14,000 50,000

SEWER MAIN LINING/REPAIR 5540-100 - 254,469 - - Total - 254,469 - -

70 SEWER FUND FUND 54 FY 19-20 AMENDE FY 20-21 AUDITED D FY 20-21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

CONTINGENCIES 5800 - 5,000 - 5,000 Total - 5,000 - 5,000

VEHICLE PURCHASE 6652 - 240,180 240,180 - Total - 240,180 240,180 -

VEHICLE REPAIR 6652 - 10,000 8,000 - Total - 10,000 8,000 -

DEPRECIATION 6690 99,951 - - - Total 99,951 - - -

TOTAL EXPENDITURES 383,759 862,790 516,264 326,961

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (25,984) (494,790) (123,264) 54,539

TRANSFERS IN (OUT) FROM SEWER RESERVE 4855 275,000 - - - Total 275,000 - - -

TO FICA & IMRF 5915 (23,498) (27,807) (27,807) (26,580) Total (23,498) (27,807) (27,807) (26,580)

TOTAL TRANSFERS IN (OUT) 251,502 (27,807) (27,807) (26,580)

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS 225,518 (522,597) (151,071) 27,959

71 Sewer Reserve Fund Budget Footnotes

The sewer reserve fund was created to set aside funds for future sewer projects.

Acct No. Account Description Budgeted Amount Notes 4611 Interest Income $7,000 SEWER RESERVE FUND TOTAL $7,000

FY 19-20 AMENDE FY 20-21 SEWER RESERVE FUND AUDITED D FY 20-21 EOY FY 21-22 FUND 56 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES INTEREST INCOME 4611 14,408 14,408 15,000 4,000 7,000 Total 14,408 15,000 4,000 7,000

TOTAL REVENUES 14,408 15,000 4,000 7,000

TRANSFERS IN (OUT) FROM SEWER FUND 5955 (275,000) (275,000) - - - Total (275,000) - - -

TOTAL TRANSFERS IN (OUT) (275,000) - - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES INCLUDING TRANSFERS (260,592) 15,000 4,000 7,000

73 E-911 (E.T.S.B.) Fund Budget Footnotes

This fund closed in May 2017 but the Village continues to spend the remaining fund balance to pay for Communciations Equipment.

Acct No. Account Description Budgeted Amount Notes 5752 Communication Equipment $10,000 Public Safety radio replacement and repair. ETSB FUND TOTAL $10,100

EMERGENCY TELEPHONE FY 19-20 AMENDE FY 20-21 SYSTEMS BOARD FUND AUDITED D FY 20- EOY FY 21-22 FUND 58 ACCT # ACTUAL 21 ESTIMATE BUDGET REVENUES INTEREST INCOME 4611 198 198 100 - 100 Total 198 100 - 100

TOTAL REVENUES 198 100 - 100

EXPENSES

COMMUNICATION EQUIPMENT 5752 EMS Equipment & Radios 7,556 10,000 7,160 10,000 Miscellaneous - - - - Total 7,556 10,000 7,160 10,000

DEPRECIATION 6690 38,980 38,980 - - - Total 38,980 - - -

TOTAL EXPENDITURES 46,536 10,000 7,160 10,000

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (46,338) (9,900) (7,160) (9,900)

75 Police Pension Fund Budget Footnotes

Acct No. Account Description Budgeted Amount Notes 4611 Investment Earnings $875,000 Investment earnings represent a minimal amount received. 4720 Employee Contribution $450,000 Employee contributions from payroll deductions. Personal Property 4720-201 Replacement Tax $9,500 2.9% of PPRT payments are sent to the Police Pension Fund. 4722 Employer Contribution $976,858 REVENUE TOTAL $2,311,358 The amounts relate to accounting, audit, actuarial, legal, and medical services the Pension Board may need in the course of their activities 5220 Professional Services $32,930 during the year. Costs are related to mandated Trustee training and mandated Illinois 5485 Miscellaneous Expenses $4,295 Department of Insurance (IDOI) filing fees. 6815 Investment $18,000 Fees are paid to the Investment Manager (MB Financial). 6820 Pension and Benefits $867,218 EXPENDITURE TOTAL $922,443

POLICE PENSION FUND TOTAL $1,388,915

POLICE PENSION FY 19-20 AMENDED FY 20-21 ACCT # FUND 65 AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES INVESTMENT EARNINGS 4611 206,287 206,287 500,000 2,100,000 875,000 Total 206,287 500,000 2,100,000 875,000

EMPLOYEE CONTRIBUTIONS 4720 428,154 428,154 152,000 161,000 450,000 Total 428,154 152,000 161,000 450,000

PERSONAL PROPERTY TAX (PPRT) 4720-001 7,919 7,919 5,500 5,400 9,500 Total 7,919 5,500 5,400 9,500

EMPLOYER CONTRIBUTIONS 4722 977,204 977,204 931,988 931,000 976,858 Total 977,204 931,988 931,000 976,858

TOTAL REVENUES 1,619,565 1,589,488 3,197,400 2,311,358

EXPENSES PROFESSIONAL SERVICES 5520 Accounting Services 11,020 15,000 11,235 11,485 Actuarial Services 4,315 4,500 4,385 4,475 Fiduciary Insurance Service 2,370 5,000 2,500 2,500 Medical Evaluation Services - 2,500 - 5,000 PSA/Court Reporter 6,240 6,500 6,350 6,470 Legal Services 2,816 4,000 2,800 3,000 Total 26,760 37,500 27,270 32,930

MISCELLANEOUS EXPENSES 5485 Conference/Seminar Fees 825 1,500 1,070 1,500 Association Dues 795 1,000 795 795 IDOI Filing Fee 1,749 1,750 1,852 2,000 Total 3,369 4,250 3,717 4,295

INVESTMENT 6815 Investment Manager/Advisor Fees 14,999 16,229 16,164 18,000 Total 14,999 16,229 16,164 18,000

77 PENSION AND BENEFITS 6820 Service Pensions 715,249 716,770 697,573 736,545 Non-Duty Disability Pensions - 35,000 35,000 - Transfer to other Pensions - - - - Surviving Spouse Pensions 104,396 115,673 115,673 115,673 Refund of Contributions 108,456 15,000 15,000 15,000 Total 928,102 882,443 863,246 867,218

TOTAL EXPENDITURES 973,230 940,422 910,397 922,443

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 646,335 649,066 2,287,003 1,388,915

78 Golf Fund Budget Footnotes

The Golf Fund was established in FY04 to record revenue collected for the annual Village Golf Outing. No property tax will be used to support this fund and it is not a fundraiser.

Acct No. Account Description Budgeted Amount Notes 4471 Golf Tee Fees $0 4472 Golf Hole Sponsors $0 4473 Golf Dinner Fees $0 REVENUE TOTAL $0 Golf Outing & Dinner 5725 Expenses $0 EXPENDITURE TOTAL $0

GOLF FUND TOTAL $0

AMENDE GOLF FY 19-20 D FY 20- FY 20-21 FUND 73 AUDITED 21 EOY FY 21-22 ACCT # ACTUAL BUDGET ESTIMATE BUDGET

REVENUES Golf Tee Fees 4471 1,710 2,000 - - Total 1,710 2,000 - -

Golf Hole Sponsors 4472 1,830 1,200 - - Total 1,830 1,200 - -

Golf Dinner Fees 4473 - - - - - Total - - - -

TOTAL REVENUES 3,540 3,200 - -

GOLF OUTING 5725 Golf Outing and Dinner 2,850 2,500 - - Total 2,850 2,500 - -

TOTAL EXPENDITURES 2,850 2,500 - -

EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES 690 700 - -

FY 19-20 AMENDED FY 20-21 ACCT # BERKELEY PUBLIC LIBRARY AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET

REVENUES DIRECT PUBLIC GRANTS 43300 - - - - Total 18,824 - - -

DIRECT PUBLIC SUPPORT 43400 4,711 1,200 1,200 750 Total 4,711 1,200 1,200 750

PROPERTY TAXES 43500 377,496 396,197 396,197 415,975 Total 377,496 396,197 396,197 415,975

GOVERNMENT GRANTS 44360 - 6,500 6,500 6,500 Total - 6,500 6,500 6,500

HEALTH INSURANCE REIMBURSEMENT 44700 4,068 4,500 4,500 4,750 Total 4,068 4,500 4,500 4,750

CASH SALES 44800 7,078 2,500 2,500 2,500 Total 7,078 2,500 2,500 2,500

INTEREST INCOME 45000 6,505 5,000 5,000 3,500 Total 6,505 5,000 5,000 3,500

MISCELLANEOUS 46420 6,916 - - - Total 6,916 - - -

TOTAL REVENUES 425,598 415,897 415,897 433,975

EXPENSES

FY 19-20 AMENDED FY 20-21 ACCT # BERKELEY PUBLIC LIBRARY AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET PERSONNEL 100 Salaries 101 - 240,000 240,000 250,000 FICA 102 - 18,540 18,540 19,125 IMRF 103 - 18,000 18,000 16,500 Health Insurance 104 - 19,000 19,000 19,500 Staff Development 105 - 2,000 2,000 2,000 Board Development & Materials 106 - 750 750 750 Staff Tuition Support 107 - 1,500 1,500 2,000 Total 267,644 299,790 298,290 309,875

PRINT Adult 201 - 7,650 7,650 8,000 Young Adult 202 - 2,100 2,100 2,600 Youth 203 - 6,000 6,000 7,500 Periodicals 204 - 2,500 2,500 2,200 Total 16,050 18,250 18,250 20,300

e-Content e-Books 205 - 3,000 3,000 3,000 Databases 207 - 6,750 6,750 5,500 Total 8,951 9,750 9,750 8,500

AUDIO VISUAL Audio Books 208 - 600 600 850 DVDs 209 - 5,000 5,000 4,800 Miscellaneous Non-print 210 - 500 500 500 Video Games 211 - 500 500 1,000 Total 5,866 6,600 6,100 7,150

TECHNOLOGY 300 Technology Services 301 - 6,000 6,000 6,000 T1/Broadband/Telephone 302 - 5,350 5,350 6,550 SWAN Fees & Delivery 303 - 16,000 16,000 16,500 PC Hardware & Software 304 - 4,600 4,600 7,500 Total 30,867 31,950 31,950 36,550

PROGRAMMING 400 Summer Reading 401 - 2,000 2,000 1,500 Adult 402 - 1,750 1,750 1,750 Young Adult 403 - 1,000 1,000 1,000 Youth 404 - 3,000 3,000 3,000 Total 6,991 7,750 7,750 7,250

FY 19-20 AMENDED FY 20-21 ACCT # BERKELEY PUBLIC LIBRARY AUDITED FY 20-21 EOY FY 21-22 ACTUAL BUDGET ESTIMATE BUDGET PROFESSIONAL SERVICES 500 Audit 501 - 5,500 5,500 5,350 Public Relations 503 - 1,000 1,000 1,250 Legal 504 - 1,800 1,800 1,800 Community Scholarship Program 505 - - - - Banking & Administration 506 - - - - Digital Branch 507 - 4,000 4,000 4,000 Miscellaneous - - - - Total 7,692 12,300 12,300 12,400

POSTAGE/OCLC/TRAVEL 600 Postage 601 - 350 350 350 OCLC 602 - 350 350 350 Travel 603 - 75 75 75 Total - 775 775 775

EQUIPMENT/SUPPLIES 700 - 5,000 5,000 5,000 Total 6,987 5,000 5,000 5,000

EQUIPMENT CONTRACTS 800 Print Service 801 - 4,100 4,100 4,500 TBS 802 - - - - Illinois Alarm 804 - - - - Total 3,682 4,100 4,100 4,500

OPERATIONS EXPENDITURES TOTAL 354,730 396,265 394,265 412,300

FACILITIES 900 - Building Maintenance & Improvements 901 - 4,000 4,000 4,000 Grounds Maintenance 902 - 3,500 3,500 2,500 Contingency 903 - 1,500 1,500 - Capital Projects Funds Budgeted 904 - 20,000 20,000 - Alarm Monitoring 905 - 1,200 1,200 1,350 Elevator Maintenance 906 - 1,800 1,800 2,000 General Building Improvements 907 - 5,500 5,500 5,500 Total 29,595 37,500 37,500 15,350

TOTAL EXPENDITURES 384,325 433,765 431,765 427,650

83 FY 21-22 Budget Changes

Village Revenues (10-00): • Reduced income tax revenue by $22,250 (-10%) per expected LGDF reductions • Increased projected PPRT revenue by $12,500 (10%), red light camera revenue by $10,000, and local use revenue by $16,125 (7.5%) per IML projections. Administration (10-10): • Reduced Berkeley Neighborhood Watch funding from $0 per their request. • Reduced Copier Maintenance funding by $11,340 due to expiring copier leases. • Increased wellness line item by $2,000 for additional employee wellness events. • Increased training line item by $3,000 for supervisor training event. Other Funds: • Added American Rescue Plan Act Fund in anticipation of $623,669 in Coronavirus relief aid.

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees CC: Rudy Espiritu, Village Administrator FROM: Chief Timothy Larem DATE: April 1, 2021 RE: Verra Mobility Automated Traffic Law Enforcement Agreement

Background

On November 20, 2018, the Village Board discussed the possible implementation of red-light cameras at the intersection of Wolf and St. Charles Road. As a reminder, the memo Chief Larem prepared for that discussion said, “One commonality…was an influx of complaints from both parents of students and the crossing guards assigned to Wolf & St. Charles Road stating that motorists were disregarding the stop lights at an alarming rate subsequently creating dangerous conditions for pedestrians (children and adults) in the area. Officers were assigned to the morning and afternoon crossing details in hopes of deterring violators via uniformed presence but this proved unsuccessful and officers reported the abundance of red light violators and the dangerous conditions created by these motorists.”

“The geographical layout of the intersection proved to provide its own difficulties in regards to enforcement efforts so the patrol division attempted to combat this problem by utilizing two officer teams comprised of one “spotter” to identify offending vehicles and one “take down vehicle” to stop and cite them. This method of enforcement proved to be highly inefficient in that it required the dedicated attention of two (or more) patrol units and effectively tied them to the intersection. These efforts ultimately failed to produce a noticeable reduction of red-light violators and the lack of police presence on the side streets once again led to calls and complaints of increased speeders and stop sign violators.”

The Chief also mentioned in his memo to the Board, “A system such as the one being proposed is essentially a “force multiplier” for the Police Department as it allows us to leverage technology for our advantage and allows us to, in essence, be at two places at once. Automating the enforcement of red-light violators at Wolf & St. Charles will allow patrol units to focus their enforcement efforts on the side streets where they have proven to be effective in deterring undesirable motorist activity. Most importantly, the implementation of red-light cameras would greatly improve the safety for pedestrians, especially school-aged children.” Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

At that meeting, the Village Board directed staff to draft an ordinance for red-light camera enforcement systems and also a contract with SafeSpeed to operate the cameras. It was made clear from the direction of the Board that this was a public safety need, as opposed to a revenue enhancement, especially because the proximity to the school.

At the Village Board meeting on August 6, 2019, the Village Board approved a contract with SafeSpeed. Because of the negative media that emerged regarding SafeSpeed, the Village Board then terminated their contract on February 4, 2020. Police Department staff is now recommending another company for red-light cameras, Verra Mobility.

In order to institute the previously discussed red-light camera enforcement systems within the Village of Berkeley, an agreement with Verra Mobility, to operate their automated traffic law enforcement systems within the Village of Berkeley must be approved.

Previous Action

1. Discussion on the possible implementation of red-light cameras with the Village Board on November 20, 2018. 2. On August 6, 2019, the Village Board approved the creation of Section 1-4B of the Village Code. This ordinance allowed for the implementation of an automated traffic law enforcement system within the Village of Berkeley that would detect motor vehicles that fail to abide by red light traffic-control signals at intersections under penalty of a fine, and a system of administrative adjudication by which such detected infractions shall be resolved. 3. Also on August 6, 2019 the Village Board approved an amendment to Article 1-4A of the Village Code, which would allowed for administrative adjudication of automated traffic law enforcement violations using the Village’s current administrative adjudication system. 4. Accepted and eventually repealed a contract with SafeSpeed 5. Presented for discussion on March 2, 2021

Recommendation

It is my recommendation to the Village President and Board of Trustees adopt a Resolution Authorizing the Execution of an Automated Traffic Law Enforcement Agreement between the Village of Berkeley, Cook County, Illinois, and American Traffic Solutions, Inc. D/B/A Verra Mobility

Budgeted Amount

$110,000 was budgeted in estimated revenues for red-light cameras. These funds will be paying for the body and dashboard camera mandate from the State.

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Action

A Motion to Approve a Resolution Authorizing the Execution of an Automated Traffic Law Enforcement Agreement between the Village of Berkeley, Cook County, Illinois, and American Traffic Solutions, Inc. D/B/A Verra Mobility

Attachments

1. Resolution Authorizing the Execution of an Automated Traffic Law Enforcement Agreement between the Village of Berkeley, Cook County, Illinois, and American Traffic Solutions, Inc. D/B/A Verra Mobility Vera Mobility 2. Verra Mobility Automated Traffic Law Enforcement Agreement

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AUTOMATED TRAFFIC LAW ENFORCEMENT AGREEMENT BETWEEN THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS, AND AMERICAN TRAFFIC SOLUTIONS, INC. D/B/A VERRA MOBILITY

WHEREAS, the President and Board of Trustees of the Village desire to enter into the “Automated Traffic Law Enforcement Agreement” with American Traffic Solutions, Inc. d/b/a Verra Mobility attached hereto as EXHIBIT A and made a part hereof (“Agreement”); and

WHEREAS, the Village has the authority to enter into the Agreement pursuant to its home rule authority and applicable State laws, including Section 11-208 of the Illinois Motor Vehicle Code, 625 ILCS 5/11-208, and Sections 8-1-7(b)(2) and (3) of the Illinois Municipal Code, 65 ILCS 5/8-1-7(b)(2) and (3), and the President and Board of Trustees of the Village find that entering into the attached Agreement is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, ILLINOIS AS FOLLOWS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.

SECTION 2: Approval and Execution. That the President and Board of Trustees of the Village authorize the execution of, and approve entering into, the Agreement, and authorize and direct the Village President, the Village Administrator, and the Village Clerk, or their designees, to execute and deliver the Agreement, in substantially the form attached hereto as EXHIBIT A, with such changes thereto as may be approved by the Village Administrator and the Village Attorney, along with all other instruments and documents that are necessary to fulfill the Village’s obligations under the Agreement. The President and Board of Trustees of the Village authorize and direct Village staff to take all actions that are necessary to comply with all of the applicable obligations of the Village under the Agreement.

466670_1 1 SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed.

SECTION 5: Effectiveness. That this Resolution shall be in full force and effect upon its adoption and approval according to law.

ADOPTED this 6th day of April, 2021, pursuant to a roll call vote of the President and Board of Trustees as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April 6, 2021.

466670_1 2

EXHIBIT A

AGREEMENT

(attached)

466670_1 3 AUTOMATED TRAFFIC LAW ENFORCEMENT AGREEMENT

This AUTOMATED TRAFFIC LAW ENFORCEMENT AGREEMENT (“Agreement”) is made and entered into this ______day of ______, 2021 (“Effective Date”) by and between the Village of Berkeley (“Village”), an Illinois home rule municipality, and American Traffic Solutions, Inc. d/b/a Verra Mobility (“Contractor”), a corporation organized under the laws of the State of Kansas authorized to conduct business in the State of Illinois. The Village and Contractor are sometimes referred to in this Agreement individually as “Party,” and collectively as “Parties.”

W I T N E S S E T H

WHEREAS, pursuant to the Illinois Vehicle Code, 625 ILCS 5/1-100, et seq., the Village is, among other things, authorized to provide for “automated traffic law enforcement systems” (“Systems”) as that term is defined in Section 11-208.6 of the Illinois Vehicle Code, 625 ILCS 5/11-208.6; and

WHEREAS, the Village desires to enter into this Agreement with Contractor for Contractor to provide equipment, processing and other services on a cost-neutral basis, to enable the use of Contractor’s systems to enforce the Village's traffic laws as permitted by law (“Program”); and

WHEREAS, the Village President and Board of Trustees find that the use of Contractor’s systems will benefit the public’s health, safety and welfare by reducing the incidence of red light running and the number of red light running accidents, which often result in injury or death; and

WHEREAS, the Village has taken all appropriate legislative steps to authorize the Village’s entry into this Agreement; and

WHEREAS, Contractor has the expertise to furnish, install, operate and maintain Systems and related services which Contractor promises to provide in this Agreement; and

NOW THEREFORE, for and in consideration of mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties hereto agree as follows:

ARTICLE 1: ACCEPTANCE OF AGREEMENT

This Agreement, including all exhibits attached hereto and made a part hereof, contains the entire understanding of the Parties with regard to the subject matter hereof. Accordingly, this Agreement supersedes any prior commitments, promises and/or negotiations between the Parties unless otherwise provided herein, and it may be amended only in writing, as agreed by the Parties.

ARTICLE 2: DEFINITIONS

As used in this Agreement, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended:

2.1 “Agreement” means this Automated Traffic Law Enforcement Agreement entered into between the Village and Contractor.

466668_1 1 2.2 “Approach” means any number of lanes of traffic at a roadway intersection in a single direction of vehicular travel.

2.3 “Automated Traffic Law Enforcement System” or “System” means a device with one (1) or more motor vehicle sensors, cameras, controllers and related networking devices working in conjunction with a traffic-control signal displaying a steady red signal indication to produce Recorded Images of motor vehicles entering an intersection against a steady red light signal in violation of Section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or a similar provision of the Village of Berkeley Municipal Code and is designed to obtain a clear recorded image of the motor vehicle and the motor vehicle’s license plate.

2.4 “Automated Traffic Law Violation” or “Violation” means a violation described in Section 11- 208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6) of a motor vehicle entering an intersection against a traffic-control device displaying a steady red signal indication in violation of Section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306), or a similar provision of the Village of Berkeley Municipal Code evidenced by the Recorded Images produced by an Automated Traffic Law Enforcement System.

2.5 “Automated Traffic Law Violation Fine” or “Fine” means the civil penalty authorized by Section 11-208.6(j) of the Illinois Vehicle Code (625 ILCS 5/11-208.6(j)) imposed on the Automated Traffic Law Violator due to an Automated Traffic Law Violation pursuant to Sections 11.208.3 and 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.3 and 625 ILCS 5/11-208.6) and pursuant to the provisions of the Village of Berkeley Municipal Code.

2.6 “Automated Traffic Law Violation Notice” or “Violation Notice” means a written notice of Violation issued pursuant to Sections 11-208.3 and 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.3 and 625 ILCS 5/11-208.6) and pursuant to the provisions of the Village of Berkeley Municipal Code.

2.7 “Automated Traffic Law Violation Review Officer” or “Review Officer” means a Village police officer appointed by the Chief of Police, or his designee, who reviews the Recorded Images produced by a System to determine whether a violation as described in Section 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6) of a motor vehicle entering an intersection against a traffic-control device displaying a red signal indication in violation of Section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or a similar provision of the Village of Berkeley Municipal Code has occurred and to authorize the issuance of an Automated Traffic Law Violation Notice.

2.8 “Automated Traffic Law Violator” or “Violator” means a person who has been issued a Violation Notice.

2.9 “Axsis” or “Axsis System” means the Axsis Violations Processing system, which is Contractor’s proprietary back-office platform for processing Violations, including the printing and mailing of Violation Notices, the generation of evidence packages and system generated reports, adjudication support, and data management.

2.10 “Business Rules” means the Business Rules Questionnaire to be completed by the Village and delivered to Contractor setting forth the business rules for the implementation and operation of the Program.

466668_1 2 2.11 “Effective Date” of Agreement means the date on which the first (or only) Red Light Camera begins capturing Potential Automated Traffic Law Violations.

2.12 “Infrastructure” means the poles, foundation, conduit, and other below-grade infrastructure associated with installing the Systems and Verra Mobility Live.

2.13 “Initial Screening” or “Screening” means the process whereby the Contractor reviews all Potential Violations captured by a System and categorizes such events in accordance with the Village’s Business Rules to eliminate events, such as the driver of the vehicle did not actually run a red light, there was no license plate on the vehicle, the license plate was unreadable, or the vehicle going through the red light was yielding the right of way to an emergency vehicle or was part of a funeral procession.

2.14 “Laws” means all federal, State, or local, laws, ordinances, regulations, orders and directives.

2.15 “Potential Automated Traffic Law Violations” or “Potential Violations” means the Recorded Images that have been initially screened before the Review Officer has reviewed the Recorded Images.

2.16 “Recorded Images” means images showing the time, date and location of a Violation recorded by a System on: (i) two (2) or more photographs, (ii) two (2) or more microphotographs, (iii) two (2) or more electronic images or (iv) a video recording showing the motor vehicle and, on at least one (1) image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.

2.17 “Red Light Incident” means the digital photographic and video recording of a motor vehicle crossing a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection when (i) facing a steady circular red signal being displayed by a traffic-control signal or (ii) facing a steady red arrow signal and making a movement indicated by the arrow being displayed by traffic-control signal.

2.18 “Service Fees and Charges” means all amounts owed to Contractor for services performed under this Agreement as outlined and listed in Exhibit A attached hereto and made a part hereof.

ARTICLE 3: SCOPE OF WORK

In accordance with the terms of this Agreement:

3.1 Contractor shall perform all necessary traffic and engineering studies, obtain all permits, furnish all labor materials and equipment, furnish and install any and all Systems as well as perform all maintenance related to the installation of the Systems at its sole expense. After installation, and throughout the length of the term of this Agreement, Contractor shall perform all necessary ongoing maintenance of all Systems at its sole expense. At the end of the term of this Agreement, and where the Agreement is not renewed for another term, Contractor shall perform any necessary maintenance and removal of any and all Systems at its sole expense.

466668_1 3 3.2 Contractor shall cooperate with and support all educational and public information initiatives the Village chooses to undertake, if any, in order to launch the Program by providing content for written materials (in English and Spanish upon request), and appearing at public hearings related to Systems. Contractor will also train all Village personnel in use of Systems including the adjudication module.

3.3 Contractor shall record and provide Recorded Images, consisting of a video clip as well as still digital photographs of the rear of vehicles, specifically capturing images of license plates on those vehicles who may have committed a Potential Violation, to Village’s Review Officer(s) after having performed an Initial Screening. These images will be delivered via the internet.

3.4 Upon receipt of Review Officer determination that a violation has/violations have occurred, Contractor shall process all Violation Notices, including, but not limited to, retrieval of vehicle registration from the Illinois Secretary of State.

3.5 Contractor shall perform all printing and mail of Violation Notices, provide a toll free number and provide all customer service relating to Systems.

3.6 Contractor shall facilitate the establishment of the Village’s payment processing channels as set forth in Article 13 below.

3.7 Contractor shall provide support to Village's adjudicative process. Such support will include use of Contractor's "Adjudication Module” which allows for viewing of violation photographs and video clips, as well as remote technical assistance at the time of hearing(s) and full support services for “Contests by Mail” as more fully described in the Business Rules.

ARTICLE 4: EQUIPMENT

4.1 Contractor shall install Systems at mutually agreed upon Approaches; however, these Approaches must be approved by the Illinois Department of Transportation (“IDOT”) before any installation(s) can proceed, whether or not the Parties want and /or believe Systems should be installed, unless said Systems are to be installed on a road outside of IDOT’s jurisdiction. The responsibility, cost, and expense of obtaining IDOT approval shall be solely that of Contractor; provided however, the Village shall reasonably cooperate with the Contractor in its efforts to seek IDOT approval. The Parties may agree from time to time to add, subtract, or modify Approaches where Systems shall be installed and maintained; such modification(s) shall be in writing and made a part of Exhibit B. Attached hereto and made a part hereof is Exhibit B, which sets forth those Approaches the Parties have agreed upon.

4.2 Each System maintained and operated by Contractor shall provide the Village with Recorded Images consisting of rear license plate photos and a wide-angle intersection view capable of showing the violator vehicle both before and after entering the intersection. All installation, maintenance, services and repairs on the System(s) are the responsibility of Contractor, not the Village.

4.3 Each intersection Approach monitored by System shall have a communication enclosure, pole and foundation, camera units, detection cameras, communication antennas, inductive coils and the associated cable in conduits; if wireless magnetic sensor detectors

466668_1 4 are used, a small receiver shall be clamped around the pole and wireless sensors would replace in-ground coils.

4.4 The System shall interface with the traffic controller.

4.5 All equipment, including equipment provided to Village personnel to review, analyze and process Potential Violations, as well as intellectual property shall remain the property of Contractor. Contractor hereby grants the Village a non-exclusive, non-transferable right to access and use the Axsis System for the purpose of reviewing Potential Violations, the issuance of Violation Notices, the prosecution of Violations and the collection of Violation Fines. Subject to the Laws, Contractor shall have the right to use all metadata, business intelligence, or other analytics obtained, gathered, or mined by Contractor from the data captured by the Systems and Verra Mobility Live. Furthermore, Contractor has the right to use non-personalized and aggregated Program data for its internal business purposes, analytics, statistical analysis (where the Village’s Program data would be aggregated with one or more other programs), and to perform analyses which would further the Village’s Program.

4.6 Electric utility charges, if any, to operate Systems shall be the responsibility of Contractor.

ARTICLE 5: CHANGE OF LOCATION

If the Village determines that the maintenance of a System at a certain location is no longer in furtherance of the public health, safety and welfare, Contractor shall remove said System from service upon thirty (30) days written notice from the Village or the System may be moved to a new location at the expense of the Village and upon mutual agreement of the Village and Contractor as to the new location so long as approval has been granted by IDOT if moving System to an IDOT road. All new locations will be evidenced in writing and made a part hereof and appended hereto. If no suitable new location is found, Contractor shall remove the System at no expense to Village. If a System is removed and not relocated before the initial five (5) year term of the Agreement as set forth in Section 14.1 below, the Village shall reimburse Contractor for its unamortized construction and installation costs established to the Village in writing, which initial construction and installation costs shall not exceed Fifty Thousand Dollars ($50,000.00). Amortization of costs shall occur in equally monthly installments over the initial five (5) year term of the Agreement as set forth in Section 14.1 below.

ARTICLE 6: SIGNAGE

The Village, at its expense, shall acquire or fabricate all signage to be placed in advance of each enforced Approach. The content and location of such signage shall comply with Section 11- 208.6(k) of the Illinois Vehicle Code (625 ILCS 5/11-208.6(k), as amended) and the Illinois Manual on Uniform Traffic Control Devices. If the Village cannot provide such signage, Contractor will do so, and the Village shall reimburse Contractor for such costs.

ARTICLE 7: VIOLATION DETERMINATION AND PROCESSING

7.1 Village shall review all video and photographic evidence of possible Violations within ten (10) days of receiving such evidence; and, Village shall have ultimate responsibility for determining whether a Violation occurred and a Violation Notice should be issued.

466668_1 5 7.2 Village shall appoint one (1) or more Review Officers to review all Potential Violations and determine whether Violations did, in fact, occur. Contractor shall provide the Review Officer(s) with access to the Recorded Images of the Potential Violations.

7.3 The Review Officer(s) shall review the Recorded Images of the Potential Violations within ten (10) days of receiving the Recorded Images to determine whether a Violation Notice shall be issued. The Review Officer(s) shall have ultimate responsibility for determining whether a Violation has occurred and whether a Violation Notice should issue. The decision to issue a Violation Notice shall be the sole, unilateral and exclusive decision of the Review Officer(s). The Review Officer(s) shall communicate each such determination to Contractor by entering his or her decision into Contractor’s electronic database.

7.4 For each Potential Violation the Review Officer(s) determines a Violation Notice is to be issued, Contractor shall retrieve from the Illinois Secretary of State’s database of motor vehicle owners or other source of registered owner information accessible to Contractor as limited agent of the Village the name and address of the registered owner of the motor vehicle to whom the Violation Notice is to be sent. Village shall provide Contractor with access to Illinois Secretary of State’s database of registered motor vehicle owners for the purpose of processing and issuing Violation Notices. The Village shall execute the “Verra Mobility DMV Services Subscriber Authorization” in substantially the form attached hereto as Exhibit D and made a part hereof, to provide verification to the National Law Enforcement Telecommunications System, indicating that Contractor is acting on behalf of the Village for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721(b)(1) and as may otherwise be provided or required by any provision of applicable State law.

7.5 Contractor shall prepare a mock-up of a Violation Notice in accordance with the Village’s Business Rules. The Village shall provide a revised draft of the Violation Notice and other notices in accordance with the Laws applicable to the Village and the Violation Notice or other notices, as applicable, fifteen (15) days of receipt of the mock-ups from Contractor. It is anticipated that such Violation Notices shall contain the following information:

• The name and address of the registered owner of the motor vehicle according to the information supplied by the Illinois Secretary of State or similar office of vehicle registration in foreign states; • Copies of Recorded Images depicting the Violation, which shall include a minimum of three (3) images showing the motor vehicle entering the intersection with the controlling traffic-control device displaying a steady red signal, and a close-up view of the rear of the motor vehicle with license plate; • A statement that the Recorded Images are evidence of an Automated Traffic Law Violation; • Registration number; • Violation charged; • Date, time and location of Violation; • Vehicle make (if readily discernible); • Information regarding the availability of a hearing to contest the Violation on its merits, specifying the time and manner that such a hearing may be had; • The fine imposed, the date of required payment and penalty assessed for late payment;

466668_1 6 • Website address, accessible through the internet, where the violator may review the Recorded Images. • A warning that failure to pay the penalty imposed, or to timely contest the Violation, is an admission of liability and may result in suspension of the driving privileges of the registered owner of the vehicle; • A statement that the Violator may proceed by paying the Fine or challenging the Fine in an administrative hearing or by mail (if a non-resident) or following the administrative hearing; and, • A statement that payment of the Fine and any applicable late payment penalty shall dispose of the Violation with finality.

7.6 Contractor shall prepare, print, and mail Violation Notice within thirty (30) days after receipt of the necessary registered owner information from the Illinois Secretary of State or other provider of registered owner information, and in no event, not later than ninety (90) days after the date of violation.

7.7 Contractor shall prepare, print and mail a Second Notice of Violation (“Second Notice”) to the Violator if Violator fails to respond timely to the first Violation Notice. This Second Notice shall demand payment of Fine and penalty.

7.8 If Violator becomes delinquent in payment to Village of Fine after the Second Notice, Contractor will work with Village’s choice of “Collection Agency” or “Collection Agent” in order to recover payment of Delinquent Fines.

ARTICLE 8: VERRA MOBILITY LIVETM

Contractor shall provide the Village with Verra Mobility Live, which allows the Village to perform remote video retrieval, live video viewing, and live video streaming at each Approach. The Village is responsible for and will pay for any of its data storage costs or other usage-based costs that the Village may incur in connection with its use of Verra Mobility Live.

The Village expressly acknowledges that Contractor is under no obligation to retain for any period of time any data produced by Verra Mobility Live (other than the thirty (30) days of video footage retained at the roadside) and once it obtains a requested video file, the Village is responsible for any preservation, and associated storage requirements that may be required by Law for the video file. The Village agrees that since the requested video file is not required by Contractor to continue to perform the services under the Agreement, the video file and any resulting public records shall be transferred to the Village prior to the termination of the Agreement and the Village shall serve as the records custodian for any public records created. The Village agrees to assume responsibility to respond to, and if appropriate defend, at its sole expense, any requests for data or information obtained through Verra Mobility Live, whether by formal public records request or otherwise. Contractor shall not be responsible for any storage, storage costs or public records requests pertaining to the historical video obtained through Verra Mobility Live or the provision of access to Verra Mobility Live to anyone other than the Village.

The Village agrees that Verra Mobility Live shall be subject to the following: (i) historical video is stored at the Camera site for a time period of approximately thirty (30) days; (ii) requested video files pursuant to Verra Mobility Live will be available for the Village download typically within one (1) business day of request and will be available for retrieval for approximately thirty (30) days; (iii) video file requests from historical video are limited to thirty (30) minutes; if additional footage is required, additional requests may be made by the Village; and (iv) to avoid unintended data

466668_1 7 usage charges, streaming video is limited to ten (10) minute sessions. After ten (10) minutes, users will be prompted to reconnect.

The Village will comply with all Laws with respect to its access to and use of Verra Mobility Live and the data retrieved through Verra Mobility Live, including without limitation any Laws relating to data privacy, photo enforcement, passive surveillance, or public records.

ARTICLE 9: LIMITED AGENCY; NO PARTNERSHIP

The Village hereby grants Contractor the authority to act on its behalf as a limited agent of the Village for purposes of (i) facilitating the establishment of bank accounts and delivering payment/transfer instructions with prior written notice and permission from the Village; (ii) accessing DMV records; and (iii) generating and administratively processing recorded images of Potential Violations as described in this Agreement and the Business Rules. Contractor and its employees, contractors, agents and servants will in no event be considered to be employees, agents (other than in the limited capacity described herein), or servants of the Village. This Agreement does not and shall not be interpreted as creating a partnership, general agency or joint venture relationship between Contractor and the Village.

ARTICLE 10: DATA RETENTION

Subject to litigation holds, court orders, changes in Law, or other legal requirements applicable to Contractor, Contractor shall maintain the categories of data set forth under the heading “Type of Record” for the periods of time set forth under the heading “Minimum Verra Mobility Retention Period” on Exhibit C during the term of this Agreement. Within one hundred-twenty (120) days of the later of the termination of this Agreement or the termination of any wind-down period, Contractor shall at its option either (i) place the Violation Images, Non-Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non-Violation Records (each as described on Exhibit C), not previously disposed of in accordance with the data retention schedule at a secured location with secure file transfer protocol (“SFTP”) access available to the Village or (ii) provide the Village with a hard-drive, or hard-drives, containing the Violation Images, Non-Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non-Violation Records, where the Village shall have ninety (90) days to retrieve and validate the information. After ninety (90) days, Contractor shall delete all data from the SFTP location (if applicable) and shall have no further data retention obligations to the Village with respect to such data.

ARTICLE 11: ADJUDICATIVE PROCESS

11.1 The Village, shall at its sole expense and in its sole discretion, prosecute through its administrative hearing process all Violations which are contested by the Violator, whether written or in-person.

11.2 Contractor shall provide, among other things, all electronic documents and other records to Village that are necessary in the prosecution of Violations (Contractor shall provide hard copy documents if requested). Contractor shall provide access to Contractor's website for the purpose of replaying and displaying Recorded Images at Village’s administrative hearing. Contractor shall provide "on-call" support for the administrative process.

ARTICLE 12: SERVICE FEES

466668_1 8 The Village shall compensate Contractor fees set forth on Exhibit A and in accordance with the following:

12.1 Contractor shall be paid a flat fee of Three Thousand Seven Hundred and No/100 Dollars ($3,700.00) per month, per System, for a complete turnkey, all-inclusive System. The fee covers a System that enforces up to four (4) lanes and up to two (2) signal phases, System site construction, System installation, System maintenance and repairs, Verra Mobility Live, event processing services, vehicle registration records access, mailing of Notices of Violations in color with return envelope, payment processing facilitation, call center support for general program support, public awareness program support, client staff training and court and adjudication support.

12.2 Any funds owed to Contractor under this Agreement by the Village are subject to the Flexible Payment Plan described below and any funds owed to Contractor under this Agreement by the Village are limited obligations payable solely from revenue from the Systems, to the extent the Systems generate revenue. In no circumstance shall the Village be obligated to pay Contractor an amount in excess of the amount actually received by the Village under this Agreement. The Parties intend that this Agreement be cost neutral, and any funds owed to Contractor in excess of the amount actually received by the Village are waived. None of the Village’s financial obligations to Contractor under this Agreement are general obligations of the Village and the general funds of the Village are not obligated in any way under this Agreement.

12.3 During the term of the Agreement, payments by the Village may be made to Contractor under a “Flexible Payment Plan” if the total funds collected by the Program are insufficient to cover the fees due to Contractor from the Village. Under the Flexible Payment Plan, the Village may defer certain payments due and owing to Contractor during the term of the Agreement. If at the end of the term of the Agreement sufficient funds have not been collected by the Village to pay the accrued balance then due to Contractor, Contractor agrees to relinquish, forfeit and waive its right to recovery with respect to any balance owing to the Contractor at the end of that term, and the Village shall not be obligated to pay Contractor any such amounts consistent with Section 12.2 above.

12.4 This Flexible Payment Plan shall be applied as follows: Contractor shall maintain an accounting of any net balances owed Contractor from the Village each month during the term. If the total amount of funds collected from all the Systems combined during a month exceeds the amount of Contractor’s invoice for the same month, the Village shall pay Contractor the total amount due on the invoice. If the total amount of funds collected from all Systems combined during a month is less than the amount of the Contractor’s invoice for the same month, the Village shall pay Contractor only the amount collected during the same month and the payment of the remaining balance shall be deferred and not owed by the Village unless future Program revenues are sufficient to pay the deferred amount. Deferred amounts shall not accrue interest or other charges. If opting to use a Flexible Payment Plan, the Village shall provide Contractor with sufficient information about payments received directly by the Village or by the courts or adjudication system to accurately determine the amount of funds collected. Payments due Contractor shall be reconciled by applying funds collected in subsequent months, first to the accrued balance and then to the subsequent monthly invoice. If at any time

466668_1 9 Contractor invoices, including any accrued balance, are fully repaid, the Village shall retain all additional funds collected. Any funds in excess of the total balance due (whether reserved in cash or not by the Village) shall be available to offset future Contractor invoices during the term of the Agreement. The Village agrees and understands the Flexible Payment Plan shall be applied in the aggregate across all installed Systems and will not be applied on a per System basis or on a per month basis.

12.5 Flexible Payment Plan – Limitations. The Flexible Payment Plan shall be suspended for any month, or months, in which: (1) the Village elects not to escalate more than ninety percent (90%) of unpaid Violations in accordance with 625 ILCS 5/11-208.6(j); (2) the Village directs Contractor to relocate a camera after its initial installation to a site where Violation rates are projected by Contractor to be below the rate required by Contractor for an acceptable installation; (3) the Village waives and/or fails to timely process more than ten percent (10%) of valid Violations forwarded to law enforcement for acceptance according to the Business Rules defined by the Village prior to the start of the Program; or (4) the Village does not provide Contractor with access to an accurate accounting of all payments received other than through the payment processing channels facilitated by Contractor.

ARTICLE 13: PAYMENT PROCESSING FACILITATION

13.1 Contractor shall facilitate the establishment of payment processing channels on behalf of the Village, including maintaining a lockbox, which lockbox provider shall initially be Retail Lockbox, Inc. and facilitating the establishment of a merchant account with ACI Worldwide, maintain violationfinfo.com, track Fine payments, and reconcile the Village pooling account established with U.S. Bank.

13.2 The Village will establish a bank account at U.S. Bank in its name and delegate authority to initiate funds transfers to another Village account on a Village-determined frequency. The Village shall provide the Contractor with completed banking forms, which may include among others a participation agreement and submerchant agreement with the payment processor as well as a bank verification letter prepared by U.S. Bank, and a Form W-9, “Request for Taxpayer Identification Number and Certification.”

13.3 Funds received through all Contractor provided payment channels shall be deposited into the Village-owned U.S. Bank account, which the Village delegates authority to Contractor to access on a limited basis for the purpose of performing certain functions. A record of these payments is entered into the Axsis System’s Billing, Payments and Accounting module (“Axsis BPA”). At the same time the payments are entered into the Axsis BPA module, the balances are updated in Axsis System. Either weekly or monthly, as designated in the Village’s Business Rules, Contractor shall initiate an ACH payment from the Village’s U.S. Bank pooling account to the Village’s designated bank account. Every month, Contractor shall furnishes the Village with a reconciliation of received payments and returns recorded in the Axsis BPA module to the Village-owned and opened U.S. Bank account statement.

13.4 Contractor shall maintain and operate a website, at violationinfo.com, which allows Violators to pay Fines by use of credit card. Contractor shall also maintain lockbox services for the collection of Fines paid by mail. Contractor is authorized to charge, collect and retain a service/convenience fee of an additional $5.00 or up to an additional

466668_1 10 5% of the total payment, for each electronic payment processed through the Contractor facilitated payment channels, whichever is higher. The service/convenience fee is paid by the Violator and retained by Contractor.

13.5 A Thirty-Five Dollar ($35.00) charge will be assessed to anyone making payment on a Violation Notice whose check is returned due to Non-Sufficient Funds.

13.6 Contractor shall keep true and accurate records of Fines paid and service fees incurred along with associated program statistics. All Fines shall be accounted for in accordance with generally accepted accounting principles. Contractor shall provide a written report of accounting to the Village within forty-five (45) days after the end of each calendar month in which Fines have been paid.

13.7 During the term of this Agreement and thereafter for so long as the Village is entitled to payments hereunder, the Village or its authorized agent, shall have the right, at any time, upon reasonable notice (such notice shall be defined as forty-eight (48) hours or more), to examine Contractor’s books and records in connection with all monies handled by Contractor on behalf of Village, or in any way associated with this Agreement. Any such inspection may be conducted by Village, or its authorized agents, at Contractor’s corporate offices during Contractor’s normal business hours.

ARTICLE 14: TERM, RENEWAL, MODIFICATION, TERMINATION

14.1 The term of this Agreement shall commence on the Effective Date and continue for a period of five (5) years from the date on which the first (or only) System begins capturing Potential Automated Traffic Law Violations, with one (1) two (2) year renewal, under the same terms and conditions, by mutual agreement of the Parties. The Parties acknowledge and agree that the Agreement is not one for the conveyance of personal services and shall survive the expiration of the term of the duly elected officials of the Village.

14.2 If Contractor intends to continue to provide services as outlined in “Article 3: Scope of Work” herein, after the term of this Agreement, Contractor will present a new Agreement to Village for its consideration at least ninety (90) days prior to the expiration of the Agreement. If Village does not intend to enter into a new Agreement with Contractor for the services as outlined in Article 3 herein, Village shall notify Contractor of same, in writing, within the ninety (90) day period preceding the expiration of the Agreement and Contractor shall remove all of its equipment and return all Red Light Camera sites within the Village to their original condition at Contractor’s sole cost and expense, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. If no written notice is given to Contractor by Village of its intent to discontinue Contractor’s services after the term of the Agreement but no new Agreement has been entered into by the Parties by the expiration of the Agreement, it shall be deemed that the Agreement shall remain in full force and effect on a month to month basis and on the same terms until such time as a new agreement has been entered into, or until such time as the Village terminates the Agreement and directs Contractor to remove all of its equipment and return all Red Light Camera sites within the Village to their original condition at Contractor’s sole cost and expense.

14.3 If Contractor does not intend to continue to provide services to Village as outlined under “Article 3: Scope of Work” herein after the term of the Agreement, Contractor shall notify

466668_1 11 Village, in writing, at least one hundred twenty (120) days before the term of this Agreement is set to expire. At the termination of the Agreement, Contractor shall remove all of its equipment and return all Red Light Camera sites to their original conditions at Contractor’s sole cost and expense.

14.4 Notwithstanding anything contained in this Agreement to the contrary, if any changes in the Laws in effect as of the Effective Date of the Agreement, whether via the enactment of legislation or non-appealable decisions rendered by courts of competent jurisdiction, make it impossible to use the Systems as originally contemplated by the Parties, this Agreement may be terminated immediately by either of the Parties upon written notice setting forth the reasons for said termination and the Village shall have no further financial obligations. In such case, Contractor retains the right to remove any and all Systems and all other property of Contractor in the possession or control of the Village at Contractor’s sole cost and expense.

14.5 The Village may terminate this Agreement for Cause. In this case, “Cause” is defined as: Contractor’s inability to erect a fully functioning Systems within eighteen (18) months from the date of execution of this Agreement; and/or embezzlement, misappropriation of funds, other acts of dishonesty, an action of Contractor or any of Contractor’s employees, owners or agents involving moral turpitude, violations of any Federal, State or local laws, regulations, ordinances, requirements or directives and/or any significant activity by Contractor that is materially harmful to Village’s reputation. If this Agreement is terminated by the Village for cause, Contractor shall not be entitled to receive any damages, funds or remuneration from the Village.

14.6 Contractor may terminate this Agreement for Cause. In this case, Cause is defined as: embezzlement, misappropriation of funds, other acts of dishonesty, and/or significant activities willfully engaged in by Village, to and including, any of its officials that are materially harmful to Contractor’s reputation.

14.7 The cost and expense of removal of the System(s) and Contractor's property in the possession or control of the Village shall be solely that of Contractor.

ARTICLE 15: WARRANTY

Contractor warrants that the goods and services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with manufacturer’s specifications. Contractor shall perform its services with care, skill and diligence, in accordance with all applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness and coordination of all services furnished under this Agreement. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in performing its services. Contractor understands and warrants that at all times during the term of this Agreement, Contractor and all of its employees, officers, directors, associated parties, affiliates, consigns, and agents shall conduct themselves at all times with due regard to the public conventions and morals. At all times during the term of this Agreement, Contractor (inclusive of its employees, officers, directors, associated parties, affiliates, consigns, and agents) shall not: (i) commit an offense involving moral turpitude under Federal, State or local laws, regulations, ordinances, requirements or directives; (ii) do or commit any act or thing that will tend to degrade Contractor (or by reference or implication, the Village) in society or bring itself into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or

466668_1 12 decency; or (iii) do anything that would prejudice Village, its employees, officers, directors, associated parties, affiliates, consigns, agents, or the Village with respect to the performance of the Program or similar services for other units of government. If Contractor fails to meet applicable professional standards, Contractor shall, without additional compensation, correct or revise any errors or deficiencies, or, if at any time, in the reasonable opinion of the Village, Contractor or its employees, officers, directors, associated parties, affiliates, consigns, and agents are determined to have committed any act or done anything (whether intentionally or negligently) which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Village (inclusive of its employees, officers, directors, associated parties, affiliates, consigns, affiliates, and agents); or (iii) to otherwise violate this clause, then Village may, upon written notice to Contractor, immediately suspend or terminate this Agreement, in addition to any other rights and remedies that Village may have hereunder or at law or in equity.

ARTICLE 16: COMPLIANCE WITH LAWS

Contractor shall comply with the Laws and all applicable Federal, State, county and local laws, ordinances, regulations, requirements, directives and codes (including procurement or required permits or certificates) in Contractor’s performance under this Agreement. This includes any applicable State or local law, rule or regulation affecting or regulating safety, health and ethics. Contractor agrees to defend, indemnify and hold harmless Village, its officials, officers, agents and employees for any loss, damage, penalty, fine or liability sustained because of Contractor’s material breach of this Agreement or provisions under the law.

ARTICLE 17: INSURANCE

17.1 Contractor shall procure and maintain throughout the duration of this Agreement insurance against claims which may arise from or in connection with the products, materials, Systems and services supplied to Village by Contractor. Said insurance (except for Workers Compensation, which only covers Contractor’s employees) shall be primary and non-contributory to the Village’s insurance and shall name the Village of Berkeley, its officials, employees, and agents as additional insureds. Failure to maintain such insurance will be considered a material breach of this Agreement.

17.2 The insurance companies providing coverage shall be rated A- or better. Coverage Limits shall not be written at less than that specified as follows: • Workers Compensation: $1,000,000 Each Accident, $1,000,000 Policy Limit, $1,000,000 Each Employee • General Liability: $2,000,000 Aggregate, $1,000,000 Each Occurrence, $1,000,000 Products and Completed Operations, $50,000 Damage to Premises Rented, $5,000 Medical Expense • Umbrella: $5,000,000 Each Occurrence, $5,000,000 Aggregate

ARTICLE 18: INDEMNIFICATION

18.1 Contractor shall indemnify, defend and hold harmless the Village of Berkeley, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs, claims or liabilities of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of any act or omission, neglect or willful misconduct of Contractor, its officers, agents and/or employees arising out of, related to or in the performance of any of the provisions of the Agreement, including any

466668_1 13 claims or amounts recovered for any infringements of patent, trademark, or copyright; or from any claims or amounts recovered under the “Worker’s Compensation Act” or any Laws, order or decree. In connection with any such claims, lawsuits, actions or liabilities, the Village of Berkeley, its officers, agents, employees, representatives and their assigns shall have the right to defense counsel of their choice. Contractor shall be solely liable for all costs of such defense and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities.

18.2 The Village agrees to indemnify, defend, save and hold harmless Contractor, its agents, assigns, employees, officers and officials from and against all claims, demands, liabilities, suits, judgments, decrees, losses, costs and expenses of any kind of nature whatsoever (including attorneys’ fees and costs), which may be incurred on account of injuries to, or death of, any person or persons or damage to any property occurring directly or indirectly from, or which may in any way be related to, the gross negligence, willful misconduct, or the grossly negligent or willful misuse of Verra Mobility Live or the data accessed through Verra Mobility Live by the Village or any of its employees, agents, servants, associates, or subcontractors.

ARTICLE 19: SEVERABILITY

If any provision of this Agreement shall be held, or deemed to be, or shall in fact, be unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions hereof or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof.

ARTICLE 20: REPRESENTATIONS & WARRANTIES

20.1 Contractor hereby represents and warrants to the Village, as of the Effective Date of this Agreement, as follows:

a) Contractor is a duly organized and existing corporation and is in good standing under the laws of the State of Kansas. Contractor is qualified to do business in the State of Illinois, is authorized to conduct business as it is presently being conducted, is not in violation of any provision of its organizational or operating agreements, and has the power and authority to enter into this Agreement; b) The execution, delivery and performance of this Agreement by Contractor does not constitute and will not upon giving of notice or lapse of time or both, constitute a breach or default under any other agreement to which Contractor is a Party or may be bound under; c) No event has occurred and no condition exists that upon execution of this Agreement would constitute a default or Event of Default, as hereinafter defined. Contractor is not in violation of, and has not received notice of any claimed violation, of any term of any agreement or other instrument to which it is a Party or by which it or its property may be bound, which violation could materially and

466668_1 14 adversely affect the financial or legal condition of Contractor or the ability of Contractor to perform its obligations under this Agreement; d) Neither Contractor nor any of its officers or directors has been convicted of any crime of moral turpitude under Federal, State or local laws, regulations, ordinances, requirements or directives. e) Contractor has not made a general assignment for the benefit of creditors, filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors, suffered the appointment of a receiver to take possession of all or part of its assets, suffered the attachment or other judicial seizure of all or part of its assets, admitted its inability to pay debts as they come due or made an offer of settlement, extension or composition to its creditors generally, and Contractor is not anticipating the occurrence of any of the aforementioned acts. f) The information and documents provided by Contractor of the Village in response to the Village’s request for proposal for the Program were true, accurate and complete.

20.2 The Village hereby represents and warrants to Contractor, as of the Effective Date of this Agreement, as follows: a) The Village has the authority to execute and deliver this Agreement and to perform its obligations hereunder; b) the Village has taken all legislative action necessary to approve this Agreement and to authorize its execution and delivery, and the implementation thereof; and c) the execution, delivery and performance by the Village of this Agreement does not constitute and will not, upon giving this notice or lapse of time or both, constitute a breach or default under any other agreement to which the Village is a Party or may be bound.

ARTICLE 21: DEFAULTS & REMEDIES

21.1 For purposes of this Agreement, the occurrence of any one (1) or more of the following shall constitute an ‘Event of Default’: a) If, at any time, any warranty, representation, or statement made or furnished by a Party to the other Party is not true and correct in any material respect; and b) If either Party fails (in whole or in part) to fulfill any of its obligations under this Agreement or to materially perform, observe or comply with any of the covenants, agreements or obligations hereunder after notice and opportunity to cure the same.

21.2 If an Event of Default occurs, the defaulting Party shall, upon written notice from the aggrieved Party, proceed to cure or remedy such default or breach within thirty (30) calendar days after receipt of such notice (“Cure Period”); provided, however, that if such default is incapable of being cured within said Cure Period, and the defaulting Party commences to cure the default within said Cure Period, provides a written request to extend the Cure Period, and proceeds with due diligence to cure the same, such Cure Period shall be extended (not unreasonably) for the length of time reasonably necessary to cure the default.

21.3 At any time during the Cure Period (or extension thereof), the aggrieved Party may request a written report on the status of the steps taken to cure the Event of Default, which shall be complied with by the breaching Party within ten (10) calendar days after receipt of the original request. At all times during a Cure Period or extension thereof, the defaulting Party, shall diligently follow through to completion all such steps necessary to

466668_1 15 remedy the Event of Default within the shortest possible time. Failure of a Defaulting Party to respond to a request for information as set forth herein shall be considered a failure to diligently undertake the cure of the Event of Default and shall be deemed a waiver of the defaulting Party’s opportunity to cure. In case such action is not taken or diligently pursued or the Event of Default is not cured or remedied within the aforementioned period, the aggrieved Party may exercise any rights or institute such proceedings at law or in equity as may be necessary or desirable in its opinion to cure and remedy such Event of Default, including termination of this Agreement.

21.4 The rights and remedies of the Parties, whether provided by law or in this Agreement, shall be cumulative and the exercise by any Party of any one or more of such remedies shall not preclude the exercise by such Party at the same time or different times, of any other remedies for the same Event of Default by the defaulting Party.

21.5 Any delay by any Party in instituting or prosecuting any actions or proceedings or asserting its rights under this Agreement shall not operate as a waiver of such rights in any way (it being the intent of this provision that such Party should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedies provided in this Agreement because of the Event of Default involved).

21.6 No waiver made by any Party with respect to any specific Event of Default by the other Party under this Agreement shall be construed as a waiver of rights with respect to any other Event of Default except to the extent specifically waived in the extent specifically waived in writing.

ARTICLE 22: COUNTERPARTS & FACSIMILE TRANSMISSION

This Agreement may be executed in counterpart originals, each of which shall be deemed to be an original with the same effect as if the signatures thereto were on the same instrument. A signature affixed to this Agreement and submitted by facsimile or electronic mail shall have the same effect as an original signature.

ARTICLE 23: GOVERNING LAW; AMENDMENTS

This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois. The Parties submit themselves to the exclusive jurisdiction of those courts located in Cook County, Illinois with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Agreement. If the laws or regulations regulating the System(s) are amended after the Effective Date, Contractor shall bear the cost, expense and burden of complying with the amended laws or regulations.

ARTICLE 24: FORCE MAJEURE

Notwithstanding any other provision of this Agreement, neither Contractor nor the Village shall be liable or held responsible for any failure to perform or for delays in performing its obligations under this Agreement, including but not limited to, the scope of services set forth herein, which result from circumstances or causes beyond Contractor’s reasonable control, including without limitation, fire or casualty, acts of God, pandemic, action of a unit of government (other than the Village and its departments) with jurisdiction over the Program, strikes or labor disputes, war or violence (collectively, as well as separate and apart, are each and all “Event(s) of Force

466668_1 16 Majeure). Notwithstanding the foregoing, Contractor shall be required to use reasonable efforts to mitigate the effects of an Event of Force Majeure, and in no event shall Contractor’s financial condition or inability to fund or obtain funding or financing constitute an Event of Force Majeure.

ARTICLE 25: RESPONSIBILITY FOR LOSS

Where a System malfunction or failure was avoidable, or occurred because of acts or omissions by Contractor, it shall not be responsible for monetary losses to Village resulting therefrom and the Village shall not be responsible to pay Contractor the Service Fees and Charges for the period of time the System malfunctioned or failed.

ARTICLE 26: EQUAL EMPLOYMENT OPPORTUNITY

Contractor agrees that on the selection of any subcontractor or the use of workers or employees that it will not in any way discriminate against any person, company or corporation due to race, nationality or origin.

ARTICLE 27: COMMUNICATION AND NOTICES

No verbal communication between the Parties shall change any of the terms and conditions of this Agreement. Nothing stated herein shall be construed as a waiver or modification of the requirements for notice or service of process of litigation as set forth in the Illinois Code of Civil Procedure, rules of the Circuit Court of Cook County. Any and all notices, demands, requests, consents, approvals, communications or other instruments required or permitted to be given under this Agreement shall be in writing (unless otherwise set forth herein) and shall be executed by a Party or an officer, agent or attorney of the Party, and shall be deemed to have been duly received upon:

a) Actual receipt if personally delivered and the sender received written confirmation of personal delivery; b) receipt as indicated by the written or electronic verification of delivery when delivered by overnight courier; c) three (3) calendar days after the sender posts notice with the U.S. Post Office when sent by certified mail, return receipt requested; or d) when delivery is refused.

Notices shall be sent to the addresses set forth below, or to such address as any Party may specify in writing:

Verra Mobility Village of Berkeley 1150 N. Alma School Road 5819 Electric Avenue Mesa, AZ 85201 Berkeley, Illinois 60163 Attn: Legal Department Attn: Village Administrator

With a copy to:

Verra Mobility Klein, Thorpe & Jenkins, Ltd. 1150 N. Alma School Road 20 N. Wacker Drive, Suite 1660 Mesa, AZ 85201 Chicago, Illinois 60606 Attn: DGC, Government Solutions Attn: Gregory T. Smith

466668_1 17 The Parties, by notice given hereunder, may designate any further or different address to which subsequent notices, certificates, approvals, consents or other communications shall be sent.

ARTICLE 28: ASSIGNMENT OF AGREEMENT

Notwithstanding anything to the contrary in this Agreement, Contractor shall have the right to make, with Village’s prior written consent, which may be withheld in the Village’s sole discretion, any assignment of this Agreement to: (a) any entity with which, or into which, Contractor may consolidate or merge; or, (b) any entity acquiring all or substantially all of the assets of Contractor.

ARTICLE 29: UNABLE TO CONTINUE

In the event Contractor is unable to continue to maintain and support the System(s), Contractor will advise Village of same in writing giving a minimum of sixty (60) days’ notice to Village. Contractor facilitated payment channels shall remain open and available to the Village and Violators who had previously been issued a Violation. The Village may then proceed to enter into contract with another vendor for the same and/or similar services. There will be no penalty to either party.

ARTICLE 30: NO WAIVER

The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of the Agreement.

ARTICLE 31: EFFECTIVE DATE

The Effective Date of this Agreement shall be the date the Village executes this Agreement.

ARTICLE 32: CONFIRMATION AND AUTHORITY

The Village and Contractor for themselves and their successors, executors, administrators and assigns agree to the full performance of this Agreement. The persons signing below on behalf of the Village and Contractor certify that each is an agent possessed of authority to bind the Village and Contractor, as applicable, to this Agreement.

ARTICLE 33: FOIA

Section 7 of the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7, as amended, applies to public records in the possession of a party with whom the Village has contracted, including Contractor. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees, except as provided for in Article 8 related to Verra Mobility Live, to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA, 5 ILCS 140/2(c), as amended) in Contractor’s possession or control, and to provide the requested public records to the Village within two (2) business days of the request being made by the Village, when reasonably feasible. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney’s fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Agreement.

466668_1 18 ARTICLE 34: EXHIBITS

In the event of any conflict between the terms of this Agreement and an Exhibit, the term of this Agreement shall control.

ARTICLE 35: PILOTS

Contractor shall not pilot Contractor products and services or products and services that are under development by Contractor or its current or future subcontractors and vendors, except as may be permitted in a separate written agreement with the Village.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.

VILLAGE: CONTRACTOR:

Village of Berkeley, Illinois American Traffic Solutions, Inc.

By: ______By: ______

Name: Robert E. Lee, III Name: ______

Title: Village President Title: ______

466668_1 19 EXHIBIT A

FEES Contractor compensation is based on “Fee Per Services” as set forth herein. The following Fee Schedule is hereby attached and made a part of the Automated Traffic Law Enforcement Agreement.

MONTHLY FEES PER SYSTEM $3,700 per month per system including:

1. Maintenance Service and Repair of System 2. Potential Violation Capture & Initial Screening, 3. Violation Processing & Registration Retrieval 4. Printing & Violation Notice Mailing 5. Adjudicative Support Services 6. Payment Processing 7. Installation of System 8. Public/Community Relations Campaign 9. Training on Use of System 10. Lockbox Service 11. Toll Free Customer Service 12. 30 Day Video stored at the roadside 13. Live Streaming Video Access 14. Use of the Axsis Violations Processing System 15. Electric Utilities

SUBSEQUENT NOTICES MAILING FEE For any additional notices sent by First Class Mail required by the Village or required by Law in excess of the Violation Notices, Contractor will charge the Village a Subsequent Notices Mailing Fee in the amount of $2 per notice.

ACTIVITY DESCRIPTIONS Maintenance, Service and Repair of System: Contractor will be solely responsible for the installation of all System Equipment at agreed upon location(s) (See Exhibit B attached hereto and made a part hereof) including, but not limited to: communication enclosure, pole and foundation (typically, helix-based pole, subject to design & engineering review), camera units, detection cameras, communication antennas, inductive coils and associated cable in conduits; if wireless – magnetic sensor detectors and receiver. Additionally, Contractor warrants it will maintain Systems and associated equipment in good working order and provide service and repair of System(s) within sixty (60) hours of identified equipment failure. Except as otherwise provided, Systems will be returned to service within an additional forty-eight (48) hours or advise Village of the reason for delay in returning equipment to service. The cost and expense of service of repair of the System(s) shall be solely that of Contractor.

Note: Should equipment be destroyed or put out of service due to unforeseen circumstances such as weather, motor vehicle accident, non-scheduled IDOT construction or vandalism, Contractor shall not be subject to the above requirements, however, Contractor will make best efforts to return equipment to service as soon thereafter as practicable.

Potential Violation Capture & Violation Screening: Contractor will provide digital camera Systems capable of reliably capturing clear, photographs of the rear of vehicles, specifically

466668_1 20 capturing images of license plates on those vehicles whose drivers may have committed red light violations (Potential Violation Capture). Live video feed of each intersection will also be provided to the Village for surveillance purposes, through Verra Mobility Live.

Contractor shall pre-screen Potential Violations in order to send those images to Village for Review and Determination as to whether a Violation was committed. Before the Images are sent to Village, Contractor shall categorize the Potential Violations as directed pursuant to the Village’s Business Rules.

All Potential Violations that are not screened “out” during Violation Screening shall be sent by electronic medium to the Village for review by Village's duly appointed Review Officers. Review Officer(s) shall make ALL determinations as to whether a Potential Violation shall be deemed a Violation.

Violation Processing & Registration Retrieval: Contractor shall process all actual Violations sent to it by The Village using web-based software. For each Violation processed, Contractor shall retrieve registered vehicle owner information from the Department of Motor Vehicle (DMA)/Secretary of State (SOS) or NLETS.

Note: Village must provide Contractor access to all DMV/SOS records and/or databases.

The Village shall direct the applicable law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as Exhibit D) to provide verification to the National Law Enforcement Telecommunications System (NLETS), indicating that Contractor is acting on behalf of the Village for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1) and as may otherwise be provided or required by any provision of applicable state law.

Printing & Violation Notice Mailing: Contractor shall print and mail all Violation Notices, including both First and Second Violation Notices.

Each Violation Notice shall also include, among other items, all information listed in section 7.5 of the Agreement including, a minimum of three (3) images showing the vehicle approaching the intersection with the controlling traffic signal red, the vehicle in the intersection with the controlling traffic signal red, and a close up view of the rear of the vehicle with license plate.

Contractor shall perform a Second Notice Violation mailing if Violator has not responded to the First Violation Notice in a timely manner. Note: If Violator does not pay the Fine and Penalty demanded in the Second Notice in a timely manner, Contractor shall support the efforts of Village’s Collection Agency/Agent to recover payment of Fine(s) and Penalty(ies) by making the Contractor facilitated payment channels available for such payments and recording payments as they are made.

Adjudicative Support Services: Contractor shall provide support to Village's Adjudicative Process. Such support will include use of Contractor’s “Adjudication Module” which allows for viewing of Violation photographs and streaming video, as well as in-person or remote technical assistance at the time of hearing(s) and full support services for “Contests by Mail.” Note: Administrative Hearings must be conducted by an attorney licensed to practice law in the State of Illinois for at least three (3) years and shall have all the powers granted to him or her

466668_1 21 under 65 ILCS 5/1-2.1-4. Except as set forth in the Agreement and this Exhibit A, administrative hearings and court costs are the sole responsibility of Village and are not shared by Contractor.

Payment Processing: All payments made in response to a Violation Notice, whether it be First or Second Notice, whether such payment is made through Lockbox service, on-line, at Village, in response to Administrative Finding or through efforts of Collection Agency/Agent, will be electronically captured by Contractor’s Payment Processing System. Full and partial payments may be accepted; provided however, partial payments are only accepted through the lockbox.

Public/Community Relations Campaign: Contractor shall support all educational and public information initiatives Village chooses to undertake in order to launch a System program by providing “Content” for written materials in English (and Spanish upon request). Contractor shall appear at public hearings and events related to System program during the Public/Community Relations Campaign period which can be up to and including sixty (60) days.

Training on Use of System: Contractor shall train all Village personnel identified by System Program Administrator on any and all parts of the Program, to include, but not limited to use of the Axsis System, the adjudication module, and Inputting of Fines, and Verra Mobility Live. Training shall be done as frequently as requested by Village and/or needed.

License Plate Look-Up with Secretary of State: Contractor shall interface with the Department of Motor Vehicles/Secretary of State in order to secure information related to the registered owner of the Vehicle driven at the time of Violation. Contractor shall assume the costs for all License Plate Look-Ups.

Lockbox Service: Contractor shall maintain a Lockbox service with a third Party institution for the purpose of taking in all payments of Fines made to the Village by check which are not made directly at the Village Hall or other appointed location.

Toll Free Customer Service: Contractor shall provide a toll-free telephone number with English and Spanish speaking operators available for the purpose of answering inquiries concerning the System Program as well as Violation Notices. Contractor shall insure that all inquiries shall be handled timely and professionally.

Signage: The Village, shall acquire or fabricate, install and maintain all signage to be placed in advance of each enforced Approach. The content and location of the signage shall comply with Section 11-208.6(k) of the Illinois Vehicle Code (625 ILCS 5/11-208.6 (k)) and the Illinois Manual on Uniform Traffic Control Devices.

30 Day Archived Video: Contractor shall maintain Video at the enforced Approaches for thirty 30 days.

Live Streaming Access: Contractor shall provide the Village Administrator and his designees with access to Contractor’s live video streaming twenty-four (24) hours a day, seven (7) days a week. With this, Village will be able to monitor any activity within camera range.

Relocation of System: Should System need to be relocated for any reason as outlined in this Agreement, all costs associated with such relocation will be the sole responsibility of the Village.

466668_1 22 EXHIBIT B

It is the intention of the Parties to install and to have installed Systems at the following Approaches, pending approval by IDOT (where necessary):

St. Charles Road and Wolf Road

466668_1 23

EXHIBIT C

RETENTION SCHEDULE

Type of Record Minimum Verra Mobility Retention Period Violation Images* (including video clips and 12 months from payment or final adjudication related metadata)

Non-Violation Images (including video clips 30 days from Potential Violation capture date and related metadata)** Individually Identifiable Violation Records* 12 months from payment or final adjudication Individually Identifiable Non-Violation 30 days from Potential Violation capture date Records** Audio recording from contact center 90 days from call Written correspondence with citizens 1 year from date of correspondence regarding Violations Maintenance Records 12 months from payment or final adjudication of an applicable Violation Other Program Records One year from termination of the Agreement * Violation Image: an image of a Violation issued as a Violation. Individually Identifiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Violation. ** Non-Violation Image: an image of a Potential Violation not issued as a Violation. Individually Identifiable Non-Violation Records: a record containing individually identifiable information pertaining to a Potential Violation not issued as a Violation.

This records retention schedule does not apply to any Potential Violation data captured by a System, but not uploaded into Axsis, nor does it apply to Verra Mobility Live Data.

466668_1 24

EXHIBIT D

DMV SERVICES SUBSCRIBER AUTHORIZATION

Agency ORI: ______

DATE

NLETS 1918 W. Whispering Wind Dr. Phoenix, AZ 85085

Attn: Steven E. Correll, Executive Director Re: Authorization for American Traffic Solutions, Inc. to Perform DMV Inquiry

Dear Mr. Correll:

Please accept this letter of acknowledgement that an agreement to perform automated enforcement between the Berkeley Police Department on behalf of the Village of Berkeley, Illinois and American Traffic Solutions, Inc., doing business as Verra Mobility, is or will be entered into and will be or is in force. As a requirement of and in performance of that Agreement between the Village of Berkeley, Illinois and Verra Mobility it will be necessary for Verra Mobility to access NLETS motor vehicle data.

Please accept this letter as authorization from the Berkeley Police Department for Verra Mobility to run motor vehicle inquiries. This authorization is and will be in effect for the term of our agreement with NLETS and any subsequent renewals.

This authorization will automatically expire upon the termination of the Agreement between the Village of Berkeley, Illinois and Verra Mobility, and, such authorization is limited to violations detected by the automated enforcement camera systems. By completing the information below and signing this letter, I am stating that I am a member of the Berkeley Police Department and have the authority to empower Verra Mobility to use ORI ______for this function.

SUBSCRIBER INFORMATION

Subscriber Agency/Name

NLETS Agency ORI

Name/Title of Authorized Representative

Mailing Address

Telephone Fax

Email Signature of Authorized Representative

Date Signed

466668_1 25 Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees CC: Rudy Espiritu, Village Administrator FROM: Chief Timothy J. Larem DATE: April 1, 2021 RE: Utility Associates Inc. Agreement

Background

On February 22nd, 2021 House Act 3653 became law as Public Act 101-0652. The 764-page Criminal Justice Reform Omnibus Act included numerous provisions pertaining to law enforcement training, procedures and equipment implementation. Per the “Act”, municipalities under 50,000 are required to implement body cameras by January 1st, 2025.

The Berkeley Police Department had previously adopted the use of body worn cameras but discontinued their usage after the equipment exceeded its functional service life in the spring of 2020. Additionally, in the spring of 2020, the current in-car camera system that was utilized fleet- wide began to show signs that it was approaching the end of its functional service life. The previously utilized body worn cameras and in-car camera systems represented outdated technology so a search was conducted to find a new comprehensive body worn and in-car camera solution. Several products were reviewed and Utility Associates Inc. was ultimately selected.

The system provided by Utility Associates Inc. integrates body worn cameras and in-car cameras with our currently utilized computer-aided dispatch (CAD) systems to make the operation of the cameras largely automated. This “hands off” approach provided by this system will help protect the officers from allegations of video tampering and misconduct and ensure that video evidence is effectively captured when required.

Previous Action

Presented for discussion on March 2, 2021 with consensus from the Board to implement body worn and in-car cameras in the new fiscal year.

Recommendation

It is my recommendation to the Village President and Board of Trustees adopt a Resolution Authorizing the Execution of a Subscription Service Agreement and a Customer Service Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Agreement Regarding Body-Worn Cameras between the Village of Berkeley, Cook County, Illinois, and Utility Associates, Inc.

Budgeted Amount

$250,000 ($50,000 annually, over a 5-year period)

Action

A Motion to Approve a Resolution Authorizing the Execution of a Subscription Service Agreement and a Customer Service Agreement Regarding Body-Worn Cameras between the Village of Berkeley, Cook County, Illinois, and Utility Associates, Inc.

Attachments

1. a Resolution Authorizing the Execution of a Subscription Service Agreement and a Customer Service Agreement Regarding Body-Worn Cameras between the Village of Berkeley, Cook County, Illinois, and Utility Associates, Inc. 2. Customer Service Agreement with Utility Associates Inc.

RESOLUTION NO. ______

A RESOLUTION AUTHORIZING THE EXECUTION OF A SUBSCRIPTION SERVICE AGREEMENT AND A CUSTOMER SERVICE AGREEMENT REGARDING BODY-WORN CAMERAS BETWEEN THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS, AND UTILITY ASSOCIATES, INC.

WHEREAS, the President and Board of Trustees of the Village desire to enter into the “Subscription Service Agreement” and the “Customer Service Agreement,” both with Utility Associates, Inc., attached hereto as EXHIBIT A and made a part hereof (collectively the “Agreements”); and

WHEREAS, the Village has the authority to enter into the Agreements pursuant to its home rule authority, and the President and Board of Trustees of the Village find that entering into the attached Agreements is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, ILLINOIS AS FOLLOWS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.

SECTION 2: Approval and Execution. That the President and Board of Trustees of the Village authorize the execution of, and approve entering into, the Agreements, and authorize and direct the Village President, the Village Administrator, and the Village Clerk, or their designees, to execute and deliver the Agreements, in substantially the form attached hereto as EXHIBIT A, with such changes thereto as may be approved by the Village Administrator and the Village Attorney, along with all other instruments and documents that are necessary to fulfill the Village’s obligations under the Agreements. The President and Board of Trustees of the Village authorize and direct Village staff to take all actions that are necessary to comply with all of the applicable obligations of the Village under the Agreements.

SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed.

466938_1 1

SECTION 5: Effectiveness. That this Resolution shall be in full force and effect upon its adoption and approval according to law.

ADOPTED this 6th day of April, 2021, pursuant to a roll call vote of the President and Board of Trustees as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April 6, 2021.

466938_1 2

EXHIBIT A

AGREEMENTS

(attached)

466938_1 3

Customer Service Agreement

INTRODUCTION

This Customer Service Agreement (“Agreement”) describes the levels of service that the Village of Berkeley, an Illinois home rule municipal corporation (“Client” or “Customer) will receive from Utility Associates, Inc. (“UA,” “Utility” or “Supplier”).

Purpose

The Client depends on IT equipment, software and services (the IT system) that are provided, maintained and supported by the Supplier. Some of these items are of critical importance to the Client’s business.

This Agreement sets out what levels of availability and support the Client is guaranteed to receive for specific parts of the IT system.

This Agreement forms an important part of the contract between the Client and the Supplier. It aims to enable the two parties to work together effectively.

SCOPE

Parties

This Agreement is between:

The Client: The Supplier: Village of Berkeley Utility Associates Inc.

5819 Electric Ave 250 E. Ponce De Leon Avenue Berkeley, IL 60163 Suite 700 Decatur, GA 30030 Key Contact: Key Contact: Chief Timothy Larem Amanda A. Havice [email protected] 800-597-4707 (708) 449-8716 [email protected]

Dates and Reviews

This Agreement begins on the Effective Date of the Agreement, which is the date of signature by the Client of the accompanying Offer Letter and will run for the term of the Agreement plus any extensions of such agreement.

It may be revised at any point by mutual written agreement, including if there are any changes to the Client’s system.

www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

Equipment, Software and Services Covered

This Agreement covers only the equipment, software and services in the table below. This list may be updated at any time, with agreement from both the Client and Supplier.

Item Type Number of Items Item Priority BodyWorn Camera Qty 20 Supplied by Utility 1 Bluetooth Controller Qty 20 Supplied by Utility 2 Holster Sensor Qty 20 Supplied by Utility 2 BodyWorn Ready Uniforms $200 Allotment Towards any 3 Combination of New BodyWorn Ready Uniforms, per Body Camera Purchased with a Multi-Year Service Agreement Existing Uniform Retrofits Officers may choose to have 3 either one (1) existing load bearing vest made BodyWorn ready or up to five (5) retrofits of existing uniform garments to BodyWorn ready status per BodyWorn camera purchased. Additional uniforms after initial deployment will be governed by Customer Service Agreement 1.1.6. AVaiL Web Qty Unlimited Licenses 1 Supplied by Utility RocketIoT In-Car Video Qty 6 Supplied by Utility 1 ALPR Systems Qty 3 Supplied by Utility 2 CAD Integration Qty 1 Supplied by Utility CAD Activation Qty 20 Supplied by Utility 1 *Includes all services, installation, training, and configuration of the above listed equipment and cost proposal.

Exclusions

This Agreement is written in a spirit of partnership. The Supplier will always do everything possible to rectify every issue in a timely manner.

However, there are a few exclusions. This Agreement does not apply to:

● Any equipment, software, services or other parts of the IT system not listed above ● Software, equipment or services not purchased via and managed by the Supplier

Additionally, this Agreement does not apply when:

● The problem has been caused by using equipment, software or services in a way that is not recommended (defined as intentional neglect, misuse, or destruction of the equipment) www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

● The Client has made unauthorized changes to the configuration or set up of affected equipment, software or services. Unauthorized changes are defined as changes made by any party other than the Supplier to the software, hardware, or firmware that alter the system’s ability to record, upload, or view data. ● The Client has prevented the Supplier from performing required maintenance and update tasks. ● The issue has been caused by unsupported equipment, software or other services of the Client.

This Agreement does not apply in circumstances that could reasonably be said to be beyond the Supplier’s control. For instance: floods, war, acts of god and so on.

Regardless of the circumstances, the Supplier aims to be helpful and accommodating at all times and will do its absolute best to assist the Client wherever possible.

RESPONSIBILITIES

Supplier Responsibilities

The Supplier will provide and maintain the IT system used by the Client. This Agreement between the Supplier and the Client includes full details of these responsibilities.

Additionally, the Supplier will do the following:

● Software as a service, also known as “SaaS”, provided by the Supplier will be maintained at 99% uptime/availability or greater 24/7/365 ● Ensure relevant software, services and equipment are available to the Client including an appropriate level of spares ● Respond to support requests within the timescales listed below ● Take steps to escalate and resolve issues in an appropriate, timely manner ● Maintain good communication with the Client at all times

Client Responsibilities

The Client will use the Supplier-provided IT system as intended.

The Client is responsible for maintaining power and internet connectivity at all video offload locations on the network. For offload via a Client approved third party or Supplier provided access point, the Client has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or, (b) connecting the access point to its own network having a minimum internet upload speed of 50 Mbps. Upon execution of this Agreement, as part of the deployment process, a network assessment will be conducted of the Client’s upload speed for the transmission of data to the Supplier’s CJIS Compliant Cloud. In most cases, the Client should budget for an increase to their upload speed with their local carrier.

Additionally, the Client will:

● Notify the Supplier of issues or problems in a timely manner ● Provide the Supplier with access to equipment, software and services for the purposes of maintenance, updates and fault prevention ● Maintain good communication with the Supplier at all times

GUARANTEED RESPONSE TIMES

When a Client raises a support issue with the Supplier, the Supplier promises to respond in a timely fashion.

www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

Response Times

UA provides a 99% uptime/availability commitment. All systems have health monitoring that assures that issues are typically addressed 24/7/365 by UA personnel before they become an impact to the performance of the service. For support provided to the customer directly, UA has a tiered response to support that will escalate the level of support depending on the situation. Tier 1 would be on-site support by the Client staff after they have been trained by UA, which will alleviate most day-to-day issues that may pop up. Problems beyond Tier 1 scope will be escalated to Tier 2, which is phone-based support, and from there to Tier 3, which is on-site technical support from a UA field engineer. The cost of the response time is included in this Agreement.

While most support calls are handled immediately, Tier 2 issues have guaranteed response times as shown below:

Item Priority Fatal Severe Medium Minor 1 1 Hour 1 Hour 2 Hours 3 Hours 2 2 Hours 2 Hours 4 Hours 6 Hours 3 4 Hours 4 Hours 8 Hours 16 Hours

Severity Levels

The severity levels shown in the tables above are defined as follows:

● Fatal: Complete degradation – all users and critical functions affected. Item or service completely unavailable. ● Severe: Significant degradation – large number of users or critical functions affected. ● Medium: Limited degradation – limited number of users or functions affected. Business processes can continue. ● Minor: Small degradation – few users or one user affected. Business processes can continue.

RESOLUTION TIMES

The Supplier will always endeavor to resolve problems as swiftly as possible. It recognizes that the Client’s systems are key to daily functions and must be functional in the field.

However, UA is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary.

In all cases, the Supplier will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the Client.

SCOPE OF SERVICES

1.1.1 Access to Software. UA is the developer and owner of, or has rights to, certain enterprise mobile device tracking and messaging software known as “AVaiL™”, “AVaiL Web”, “Vehicle Diagnostics”, and “RFID Tracking” and related content to be provided to Customer; such software, its related content and any related documentation provided by UA, and the means used to provide the software to Customer and the services described herein are collectively referred to as the “Service”. Subject to Customer’s payment of the applicable fees and Customer's compliance with the terms of this Agreement, Customer, its affiliates and its and their employees (“Licensed Users”) shall have the right to access and use the Service solely for Customer’s and its affiliates’ internal business and governmental purposes. UA will issue to one Licensed User (“Customer Administrator”) an individual login identifier and password (“Administrator Login”) for purposes of administering the Service. Using the Administrator's Login, the Customer Administrator shall assign each Licensed User a unique login identifier and password (“User Login”) and provide such information to the Licensed Users and UA via the Service. Customer shall not provide a User Login to any individual or entity that is not a Licensed User to use the Service. Customer shall be responsible to ensure,

www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

by agreement or otherwise, that each Licensed User will: (a) be responsible for the security and/or use of his or her User Login; (b) not disclose such login identifier or password to any person or entity; (c) not permit any other person or entity to use his or her User Login; (d) use the Service only in accordance with the terms and conditions of this Agreement and on the workstation software from which the Service is accessed. UA shall have the right to deactivate, change and/or delete User Logins of Licensed Users who have violated this Agreement and to deny or revoke access to the Service, in whole or in part, if UA reasonably believes Customer and/or its Licensed Users are in material breach of this Agreement. Customer shall be solely responsible for ensuring that the access to the Service by a Licensed User who ceases to be an employee of Customer or one of its affiliates is terminated. UA shall have no responsibility for managing, monitoring, and/or overseeing Customer’s and its Licensed Users' use of the Service. Customer acknowledges that the Service may contain devices to monitor Customer’s compliance with the terms and restrictions contained herein and Customer’s obligations hereunder.

1.1.2 Operating Environment. Customer is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment necessary to access and use the Service remotely via the Internet.

1.1.3 Changes to Service. UA may upgrade, modify, change or enhance (“Change”) the Service and convert Customer to a new version thereof at any time in its sole discretion so long as such Change does not materially diminish the scope of the Service, in which event Customer shall have the right to terminate this Agreement upon thirty (30) days written notice to UA. During the term of this agreement, if UA upgrades the version of the Service Customer is using under this Agreement, Customer will not be charged an upgrade fee. Should UA offer additional optional software modules in the future that complement the Software, Customer may elect to purchase the optional software modules for an additional fee; however, Customer has no obligation to do so.

1.1.4 Help Desk. UA shall provide 24/7 Customer support in the form of a Help Desk. Customers reporting issues through email will receive confirmation of the issue within a reasonable time and will receive a callback the same business day if practical. The Help Desk is always subject to availability of our technical staff and clause 1.1.5 below.

1.1.5 Uptime Commitment. a. Availability. The Service will be made available to Customer and its Licensed Users twenty-four hours a day, seven days a week less the period during which the Service are not available due to one or more of the following events (collectively, the “Excusable Downtime”):

(i) Scheduled network, hardware or service maintenance; (ii) The acts or omissions of Customer or Customer's employees, agents, contractors, vendors, or anyone gaining access to the Service by means of a User Login; (iii) A failure of the Internet and/or the public switched telephone network; (iv) The occurrence of any event that is beyond UA’s reasonable control, or (v) At Customer’s direction, UA restricting Customer’s and its Licensed Users access to the Service. b. Commitment. Customer is responsible for promptly notifying UA in the event of a suspected Service failure. For the purposes of establishing uptime herein, downtime begins upon such notification and ends upon restoration of Service. Subject to Customer satisfying its obligations herein, UA guarantees that the Service will be available to Customer and it’s Licensed Users at least 99% of the time during each calendar month, excluding Excusable Downtime ("Uptime Commitment"). If UA fails to satisfy the Uptime Commitment during a month, then UA will credit to Customer a pro- rated portion of the Fees in the first month of the next succeeding calendar quarter following the failure. For purposes of this Section, "pro- rated portion of the Fees" means the product obtained by multiplying the applicable Fees during the month of the failure by a fraction, the numerator of which will be the number of hours that the Service did not satisfy the Uptime Commitment, and the denominator of which will be the total number of hours during the month that such failure occurred less Excusable Downtime.

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1.1.6 Uniforms. UA’s BodyWorn Solution is the only body camera system available to law enforcement that features direct integration of camera hardware into the officer’s/deputy’s uniform. As part of the multiyear service agreement, UA will furnish the following allotments and services during initial project launch.

a. Retrofits of existing uniforms. A quantity of five (5) standard uniform garments, per BodyWorn camera purchased, will be modified to BodyWorn ready status, for the purposes of product integration with our camera hardware solution. UA will provide the Client with both uniform retrofit vouchers and packing slip templates. Note, both uniform vouchers and accurately completed packing slips are required for all retrofit requests being sent to UA for processing. Failure to provide accurate uniform information may result in delays of processing the Client’s request.

b. Retrofits of Standard garment types. Acceptable garment installation types offered at no-additional charge, as part of the initial project launch with a multiyear service agreement, include the following: (i) Duty shirts (long or short sleeve) (ii) Soft outer carrier vest (ii) Standard soft-shell jacket

c. Retrofits of Non-standard garment types. Excluded from the initial project launch retrofitting service, that may still be modified to BodyWorn ready status at an additional charge, include the following: (please see table 1.2.1, for pricing details) (i) Polo shirts (ii) Commando style sweaters (ii) Tactical vest or outer plate carriers (iv) Leather jackets

d. Certification of local uniform resellers. Following the recommendation of the Client, a local uniform reseller may be eligible to participate in UA’s uniform certification program. This program is designed to maximize the speed in which new recruits and/or existing Officers/Deputies receive BodyWorn standard uniform garment retrofits, post project deployment. Additionally, this program is designed to foster the support of local small business in your respective area.

(i) Resellers may participate in the certification program, for the purposes of retrofitting standard duty shirts and soft outer carrier vests only. All other non-standard garment retrofits should be forwarded to UA, at the expense of the Client. (ii) As part of the certification offered, UA will supply one (1) grommet installation machine and training of up to five (5) reseller personnel, per session. Sessions run for a dedicated sixteen (16) hour period, over the course of two (2) days. The reseller will be responsible for furnishing uniforms for the purposes of training and certification. (iii) Certification fees. Certification of each local uniform reseller will be charged to the Client, at $2,500 per session. e. As part of the offering with a multiyear service agreement, UA will provide a $200 allotment towards any combination of new BodyWorn ready, standard uniforms, per body camera purchased.

1.2.1 Uniform Retrofit Pricing Schedule a. BodyWorn - standard garment retrofit service table (price includes shipping)

Example Model Description Price (ea). Blauer 8670, 8675, 8446 Duty Shirt, BodyWorn Ready $13 Blauer 8780, 8370, 8375, 8470 Carrier Vest Mount, BodyWorn Ready $13 Blauer 343, 343R Traffic Safety Vest, BodyWorn Ready $13 Blauer 8780, 8370, 8375, 8470 Carrier Vest Zipper Mount, BodyWorn Ready $23 Spiewak Carrier Vest Mount, BodyWorn Ready $33 Elbeco SH3500 Soft Shell Jacket $23

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All Standard Uniform Types Grommet Swap Out $10

b. BodyWorn - non-standard garment retrofit service table (price includes shipping). Due to the complicated nature of retrofitting non-standard garments, all prices provided below are considered estimates. Final pricing will be assessed at the time of services rendered, by UA’s Uniform Coordinator. For additional questions, comments or concerns please e-mail [email protected]

Description Price (ea). Carrier Vest – Horizontal Mounting (Ex. Blauer 8340, 8375) $33 Tactical Vest – Velcro Closure $43 Tactical Vest – Center Zipper Closure $23 Tactical Vest – Horizontal Zipper with Mounting (Ex. Blackhawk Tactical Carrier) $43 Polo Shirt $43 Polo Carrier – Horizontal Zipper $43 Leather Jacket / Coat. Quote Only

Patches Single $5 Pair $6 Name Tape – Includes Embroidery and Velcro $10

USE OF THE SERVICE

2.1 Scope of Use. Subject to the terms and conditions of this Agreement, including, without limitation, Section 2.2 and 2.3 hereof and Customer's payment of all applicable Fees, UA hereby grants to Customer a limited, a non-exclusive, non- assignable, non-transferable license (the “License”), without the right to sublicense, to access and use the Service, during the Term, over the Internet for Customer's and its affiliates’ internal business and governmental purposes, on a computer or a computer network operated by Customer, only by Licensed Users and only using the User Logins provided to UA for such Licensed Users for such use.

2.2 End User License Agreements. The Licensed software may incorporate software under license from a third party. If the third party requires Customer’s notification of such use through an End User License Agreement (“EULA”), UA will provide such notification to the Customer. In order to use the Service, Customer agrees to be bound by all EULA(s) provided at the time of delivery whether by hardcopy or displayed upon Installation or use of the Service. Customer’s use of the Service subsequent to such notice(s) shall constitute Customer’s acceptance of the EULA(s).

2.3 Restrictions. Customer and its Licensed Users shall not: (a) copy the Service or any portion thereof other than as required to use the Service remotely as intended by this Agreement; (b) translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code from the object code of the Service; (c) modify, adapt, translate or create a derivative work from the Service; (d) use the Service to track more than the number of tracked asset units for which Fees have been paid pursuant Article 3 below; (e) sell, lease, loan, license, assign, sublicense, rent, transfer, publish, disclose, divulge, display, make available to third parties on a time-sharing or service bureau basis or otherwise make available for the benefit of third parties all or any part of the Service, including, without limitation, by transmitting or providing the Service, or any portion thereof, over the Internet, or otherwise, to any third party, other than as required to use the Service as intended by this Agreement; (f) interfere or attempt to interfere with the operation of the Service in any way; (g) remove, obscure or alter any label, logo, mark, copyright notice, trademark or other proprietary rights notices affixed to or contained within the Service; (h) create any frames or other references at any other web sites pertaining to or using any of the information provided through the Service or links to the Service; or (i) engage in any action that constitutes a material breach of the terms and conditions of this Agreement. All rights not expressly granted hereunder are reserved to UA.

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FEES AND PAYMENT TERMS

3.1 Fees. As a condition to the License granted pursuant to Section 2.1 above, Customer shall pay annual Service usage fees (“Fees”). Customer shall, in addition to the Fees required hereunder, pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the transaction(s) contemplated hereby, excluding, however, income taxes on income which may be levied against UA (“Taxes”). Customer shall reimburse UA for the amount of any such Taxes. Customer shall remit Fees to UA as required by the Illinois Prompt Payment Act, 50 ILCS 505/1, et seq., as amended. All Fees shall be non-refundable except as otherwise set forth herein.

3.2 Time-and-Materials Service. If Customer requests and UA agrees to provide services that are outside the scope of the Service, such services shall be provided by UA at UA’s then-current hourly service rates, as agreed in writing with Customer, or as established within a separate agreement addressing these specific requests.

REPRESENTATIONS AND WARRANTIES

4.1 Expressed Warranty. Products manufactured by UA are warranted to be free from defects in material and workmanship under normal use and service. This warranty is applicable to any of UA's products that Customer returns to UA during the period of the initial term of the agreement. All equipment issued, including BodyWorn™ devices and peripherals, and Rocket IoT™ in-vehicle systems and peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at UA’s cost with an appropriate Request to Merchant (“RMA”) authorization. UA's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at UA's sole option. UA shall bear round-trip shipment costs of defective Items found to be covered by this warranty. Defective products or parts thereof may be replaced with either new, factory refurbished, or remanufactured parts. Defective parts, which have been replaced, shall become the UA's property. This warranty does not extend to any product sold by UA which has been subjected to malicious intent, neglect, accident, improper installation by a non-authorized 3rd party, or a use for purposes not included or not in accordance with operational maintenance procedures and instructions furnished by UA, or which has been repaired or altered by UA or persons other than UA or which has been damaged by secondary causes, including but not limited to, improper voltages, adverse environment conditions, improper handling, or products which have had their serial number or any part thereof altered, defaced, or removed. UA liability does not cover normal wear and tear or deterioration. Uniforms or modified uniforms provided with the service have a one (1) year warranty and are limited to defects in material workmanship that render prevent the user from capturing video and/or using the Service. The Expressed Warranty does not include changes to the color or appearance of the uniform that result from normal wear and tear.

4.2 UA and Customer Responsibilities. Each party (the “Representing Party”) represents and warrants to the other that: (a) it has the authority to enter this Agreement and to perform its obligations under this Agreement; (b) the execution and performance of this Agreement does not and will not violate any agreement to which the Representing Party is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of the Representing Party, enforceable in accordance with its terms. In addition to the foregoing: UA warrants that the software provided as part of the Service will materially conform to the applicable then-current documentation relating to the Service when used in an operating environment that complies with the then- current documentation relating to the Service. If UA alters the documentation in a way that materially diminishes the scope of the Services, Customer shall have the right to terminate this Agreement upon thirty (30) days prior written notice to UA. In the event that the software which is part of the Service fails to perform in accordance with this warranty, Customer shall promptly inform UA of such fact, and, as Customer’s sole and exclusive remedy, UA shall either: (i) timely repair or replace the Service to correct any defects in the software without any additional charge to Customer, or (ii) terminate this Agreement and provide Customer, as Customer’s sole and exclusive remedy, with a pro rata refund (for the unexpired portion of the applicable Term) of the Fees paid to UA hereunder. Customer represents and warrants to UA that Customer and its Licensed Users (i) will use the Service only for lawful purposes; (ii) will not intentionally or recklessly interfere with or disrupt the operation of the Service or the servers or networks involved with the operation www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

of the Service; (iii) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through any other means; or (iv) intentionally or recklessly interfere with another user's use and enjoyment of the Service.

4.3 Export Restrictions. Customer represents and warrants that it and all Licensed Users will comply with all applicable laws, rules and regulations in the jurisdiction from which they access the Service, including those laws, rules and regulations which apply to the access, import, use and export of controlled technology or other goods. Customer also agrees that it and all Licensed Users will comply with the applicable laws, rules and regulations of the jurisdictions from which UA operates the Service (currently, the United States of America). In particular, Customer represents, warrants and covenants that it shall not, without obtaining prior written authorization from UA and, if required, of the Bureau of Export Administration of the United States Department of Commerce or other relevant agency of the United States Government, access, use, export or re-export, directly or indirectly, the Service, or any portion thereof or any Confidential Information of UA (including without limitation information regarding the use, access, deployment, or functionality of the Service) from the United States to (a) any country destination to which access, use, export or re-export is restricted by the Export Administration Regulations of the United States Department of Commerce; (b) any country subject to sanctions administered by the Office of Foreign Assets Control, United States Department of the Treasury; or (c) such other countries to which access, use, export or re- export is restricted by any other United States government agency. Customer further agrees that it is solely responsible for compliance with any import laws and regulations of the country of destination of permitted access, use, export or re-export, and any other import requirement related to a permitted access, use, export or re-export. UA represents and warrants that it will comply with all applicable laws, rules and regulations in the jurisdiction from which it operates the Service and in which the Customer and all Licensed Users access the Service, including those laws, rules and regulations which apply to the access, import, use and export of controlled technology or other goods.

4.4 Warranty Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, (a) THE SERVICE IS PROVIDED SOLELY ON AN “AS-IS” BASIS, AND (b) UA MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. UA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT AND ALL DUTIES AND OBLIGATIONS IMPLIED IN LAW.

CONFIDENTIAL INFORMATION

5.1 Confidential Information. As used herein, the term “Confidential Information” means all technical, business and other information relating to the Service, which (i) is possessed or hereafter acquired by UA and disclosed to Customer or Licensed Users, (ii) derives economic value from not being generally known to persons other than UA and its customers, and (iii) is the subject of efforts by UA that are reasonable under the circumstances to maintain its secrecy or confidentiality. Confidential Information shall include, but shall not be limited to, oral or written (including, without limitation, storage in electronic or machine readable media) information with respect to UA's trade secrets, know-how, proprietary processes, operations, employees, contractors, prospects, business plans, product or service concepts, business methods, hardware, software, codes, designs, drawings, products, business models and marketing strategies, in each case relating to the Service. Confidential Information shall not include any information which Customer can demonstrate (a) has become generally available to and known by the public (other than as a result of a disclosure directly or indirectly by Customer, any of its affiliates or any of its or their respective employees, contractors or agents), (b) has been made available to Customer on a non- confidential basis from a source other than UA, provided that such source is not and was not bound by a confidentiality agreement with UA or any other legal obligation of non-disclosure, or (c) has been independently acquired or developed by Customer without violating any of its obligations under this Agreement.

5.2 Non-Disclosure of Confidential Information. Customer shall hold confidential all Confidential Information (as defined in Section 5.1) of UA and shall not disclose or use (except as expressly provided in www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

this Agreement) such Confidential Information without the express written consent of UA. Confidential Information of UA shall be protected by the Customer with the same degree of care as Customer uses for protection of its own confidential information, but no less than reasonable care. Customer may disclose Confidential Information only to those of its employees who have a need to know the Confidential Information for purposes of performing or exercising rights granted under this Agreement and only to the extent necessary to do so. At any time upon the request of UA, the Customer shall promptly, at the option of UA, either return or destroy all (or, if UA so requests, any part) of the Confidential Information previously disclosed and all copies thereof, and the Customer shall certify in writing as to its compliance with the foregoing. Customer agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of UA’s rights therein and to take appropriate action by instruction or agreement with its Licensed Users to satisfy its obligations hereunder. Customer shall use its reasonable commercial efforts to assist UA in identifying and preventing any unauthorized access, use, copying or disclosure of the Confidential Information, or any component thereof. Without limitation of the foregoing, Customer shall advise UA in the event Customer learns or has reason to believe that any person has violated or intends to violate these confidentiality obligations or the proprietary rights of UA. In the event Customer is required to disclose any Confidential Information by law or court order, it may do so, provided that UA is provided a reasonable opportunity to prevent such disclosure. In such event, Customer shall not be liable for such disclosure unless such disclosure was caused by, or resulted from, in whole or in part, a previous disclosure by Customer, any of its affiliates or any of its or their respective employees, contractors or agents, not permitted by this Agreement. UA Confidential Information shall not include information which is: (i) part of the public domain except by an act or omission or breach of this Agreement on the part of Customer, its employees, or agents; (ii) supplied to Customer after the time of disclosure without restriction by a third party who is under no obligation to UA to maintain such information in confidence; or (iii) required to be disclosed by law or court order, provided that UA is provided a reasonable opportunity to prevent such disclosure. Notwithstanding the foregoing, UA and Customer may publish the fact of the existence of this Agreement and/or the business relationship created hereby, and may include reference to it in its marketing collateral.

5.3 Non-Disclosure of Customer Confidential Information. Notwithstanding any provision of this Agreement to the contrary, UA shall hold confidential all information disclosed to UA (a) concerning the business and government affairs or proprietary and trade secret information of Customer, (b) any information that derives economic value from not being generally known to persons other than Customer and its employees, and (c) any information that is the subject of efforts by Customer that are reasonable under the circumstances to maintain its secrecy or confidentiality, whether disclosed to UA by Customer in oral, graphic, written, electronic or machine readable form ("Customer Confidential Information") and shall not disclose or use such Customer Confidential Information without the express written consent of Customer. Customer Confidential Information shall be protected by UA with the same degree of care as UA uses for its own confidential information, but no less than reasonable care. UA may disclose Customer Confidential Information only to those of its employees who have a need to know the Customer Confidential Information for purposes of performing or exercising rights granted under this Agreement and only to the extent necessary to do so. At any time upon the request of Customer, UA shall promptly, at the option of Customer, either return or destroy all (or, if Customer so requests, any part) of the Customer Confidential Information previously disclosed and all copies thereof, and UA shall certify in writing as to its compliance with the foregoing. UA agrees to secure and protect the Customer Confidential Information in a manner consistent with the maintenance of Customer’s rights therein and to take appropriate action by instruction or agreement with its employees to satisfy its obligations hereunder. UA shall use reasonable commercial efforts to assist Customer in identifying and preventing any unauthorized access, use, copying or disclosure of the Customer Confidential Information, or any component thereof. Without limitation of the foregoing, UA shall advise Customer immediately in the event UA learns or has reason to believe that any person has violated or intends to violate these confidentiality obligations or the proprietary rights of Customer, and UA will, at UA’s expense, cooperate with Customer in seeking injunctive or other equitable relief in the name of UA or Customer against any such person. Customer Confidential Information shall not include information which can be demonstrated by UA: (i) to have become part of the public domain except by an act or omission or breach of this Agreement on the part of UA, its employees, or agents; (ii) to have been supplied to UA after the time of disclosure without restriction by a third party who is under no obligation to Customer to maintain such information in confidence; or (iii) required to be disclosed by law or court order, provided that Customer is provided a reasonable opportunity to prevent such disclosure, and, in the event

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of a disclosure, that UA apply reasonable commercial efforts to ensure that available confidentiality protections are applied to such information.

5.4 Passwords. Any and all login identifiers and passwords provided hereunder are deemed Confidential Information of UA. Customer and Licensed Users are responsible for maintaining the confidentiality of such login identifiers and passwords. Customer agrees to (a) notify UA of any unauthorized use of such login identifiers or passwords or any other breach of security pertaining to the Service when it became known to the customer, and (b) ensure that Licensed Users exit from their accounts at the end of each session. UA cannot and will not be liable for any loss or damage arising from Customer's or any Licensed User's failure to comply with this Section 5.4.

5.5 Term. With regard to Confidential Information that constitutes trade secrets, the obligations in this Section shall continue for so long as such information constitutes a trade secret under applicable law. With regard to all other Confidential Information, the obligations in this Section shall continue for the term of this Agreement and for a period of five (5) years thereafter.

INDEMNIFICATION AND INSURANCE

6.1 UA shall indemnify, defend and hold the Customer and its officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (i) any act or omission of UA, its officers, employees, subcontractors, or agents in connection with the performance of the Services; (ii) any breach of a covenant, representation or warranty made by UA under this Agreement; and (iii) use by UA of any intellectual property in connection with the Services (whether such intellectual property is owned by UA or a third party) or the incorporation by UA of intellectual property into the Services. In the event UA is required to indemnify, defend or hold the Customer or any of its officials, agents or employees harmless under this Agreement, the Customer and its officials, agents or employees shall have the right to select their own counsel and direct their own defense.

6.2 As part of the indemnification required by this Agreement, but without limiting the same, UA agrees to carry, during the life of this Agreement, at its expense, public liability insurance, including, but not limited to coverage for bodily injury, death, and property damage written on the comprehensive form, in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. UA shall furnish Client with evidence of such insurance prior to the effective date of this Agreement, and then on an annual basis thereafter, in the form of a Certificate of Insurance that names Client and its representatives, officers, trustees, agents and employees as additional insureds. UA shall also carry during the life of this Agreement, a Worker’s Compensation Insurance Policy in the amount of $1,000,000 each accident and $1,000,000 each employee and shall furnish Client a Certificate of Insurance evidencing such coverage.

All Certificate(s) of Insurance shall contain the following endorsement:

“Should any of the above-described policies be canceled before the expiration date thereof, notice will be delivered in accordance with the policy provisions

In the event of the cancellation of any insurance policy required herein, or upon UA’s failure to procure said insurance 30 days after Client’s written request, Client shall have the right to terminate this Agreement.

6.32 EXCEPT FOR BREACHES OF SECTIONS 2 OR 5, IN NO EVENT WILL: (I) EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL ANNUAL AMOUNT PAID BY CUSTOMER TO UA UNDER THIS AGREEMENT. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

PROPRIETARY RIGHTS

7.1 Proprietary Rights. No right (except for the License right granted in Article 2), title or interest in any intellectual property or other proprietary rights are granted or transferred to Customer hereunder. UA and its third-party licensors and service providers retain all right, title and interest, including, without limitation, all patent, copyright, trade secret and all other intellectual property and proprietary rights, inherent in and appurtenant to the Service and all derivative works connected therewith.

TERM AND TERMINATION

8.1 Term; Termination. The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue for an initial term of five (5) years thereafter, unless terminated earlier or renewed as set forth herein, and shall renew for additional one (1) year terms by mutual written agreement of the parties (the “Renewal Term”). Either party may immediately terminate this Agreement in the event that: (a) the other party breaches any material obligation, warranty, representation or covenant under this Agreement and does not remedy such failure within thirty (30) days after its receipt of written notice of such breach or, (b) the other party becomes insolvent or is unable to pay its debts as due, enters into or files (or has filed or commenced against it) a petition, arrangement, action or other proceeding seeking relief or protection under the bankruptcy laws of the United States or similar laws of any other jurisdiction or transfers all of its assets to another person or entity. If timely payment of Fees is not made when due, UA reserves the right to either suspend or terminate Customer’s or Licensed User’s access to the Service. Upon termination or expiration of this Agreement for any reason, the License and the Service shall terminate, Customer will be obligated to pay any and all Fees due hereunder up through the termination date and UA and the Customer shall have no further obligations to the other. Sections 2.2, 2.3, and 4.3 and Articles 5, 6, 7, 8, and 9 hereof shall survive the expiration or termination of this Agreement, for any reason, for a period of five (5) years and any agreed upon Agreement extensions.

MISCELLANEOUS

9.1 Notices. Any written notice required or permitted to be delivered pursuant to this Agreement will be in writing and will be deemed delivered: (a) upon delivery if delivered in person; (b) three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid; (c) upon transmission if sent via telecopier/facsimile, with a confirmation copy sent via overnight mail; (d) one (1) business day after deposit with a national overnight courier;

9.2 Governing Law and Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois. Any suit or proceeding relating to this Agreement shall be brought in the courts, state and federal, located in Cook County, Illinois.

9.3 UCITA Disclaimer. THE PARTIES AGREE THAT THE UNIFORM COMPUTER TRANSACTIONS ACT OR ANY VERSION THEREOF, ADOPTED BY ANY STATE, IN ANY FORM ("UCITA"), SHALL NOT APPLY TO THIS AGREEMENT. TO THE EXTENT THAT UCITA IS APPLICABLE, THE PARTIES AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN.

9.4 Assignment. Neither UA nor Customer may assign, sublicense or otherwise transfer this Agreement, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without the other’s prior written consent, except in the event of an assignment to an affiliate

9.5 Force Majeure. Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

control including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

9.6 Modifications. All amendments or modifications of this Agreement shall be in writing signed by an authorized representative of each party hereto. The parties expressly disclaim the right to claim the enforceability or effectiveness of: (a) any amendments to this Agreement that are not executed by an authorized representative of UA and Customer; (b) any oral modifications to this Agreement; and (c) any other amendments based on course of dealing, waiver, reliance, estoppel or similar legal theory. The parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this Section.

9.7 Waiver. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights under this Agreement will not be deemed to be a waiver or modification by such party of any of its rights under this Agreement. No provision of this Agreement shall be deemed to have been waived by either party unless such waiver is in writing by said party.

9.8 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Agreement.

9.9 Headings. The headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

9.10 Entire Agreement. This Agreement (including the Schedules and any addenda hereto) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

9.11 FOIA. Section 7 of the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Customer has contracted, including UA. The Customer will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. UA acknowledges the requirements of FOIA and agrees to comply with all requests made by the Customer for public records (as that term is defined by Section 2(c) of FOIA, 5 ILCS 140/2(c)) in UA’s possession or control and to provide the requested public records to the Customer within two (2) business days of the request being made by the Customer. UA agrees to indemnify and hold harmless the Customer from all claims, costs, penalty, losses and injuries (including but not limited to, attorney’s fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Customer under this Agreement.

9.12 Compliance With Laws. UA certifies as follows:

A. UA and its officers, employees and agents certify that they are not barred from entering into this Agreement as a result of a violation of either 720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or 5/33E-6 (interference with contract submission and award by public official) or as a result of a violation of 820 ILCS 130/1 et seq. (the Illinois Prevailing Wage Act) or as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue or any fee required by any unit of local government or the State, unless the party is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax or the fee, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq. UA and its officers, employees and agents further certify by signing this Agreement that it and its officers, employees and agents have not been convicted of, or are not barred for attempting to rig bids, price-fixing or attempting to fix prices as defined in the Sherman Anti-Trust Act and Clayton Act. 15 U.S.C. § 1 et seq.; and has not been convicted of or barred for bribery or attempting to bribe an officer or employee of a unit of state or local government or school district in the State of Illinois in that officer’s or employee’s official capacity. Nor has UA or any of its officers, employees and agents made admission of guilt of such conduct which is a matter of record, nor has any official, officer, agent or employee of the parties been so convicted nor made such an admission.

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B. That it shall comply with the Illinois Drug Free Work Place Act (30 ILCS 580/1 et seq.).

C. That (1) no Client elected official, appointed official, employee or agent is interested in the business of UA or this Agreement; (2) as of the date of this Agreement, neither UA nor any person employed or associated with UA has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither UA nor any person employed by or associated with UA shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement.

D. That, if applicable, it shall pay not less than the prevailing rate of wages as determined by the Illinois Department of Labor (“IDOL”) and as set forth in the schedule of prevailing wages maintained by the IDOL under the Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended, as applicable to all laborers, workers and mechanics performing work under this Agreement. UA, its contractors and any of its subcontractors shall comply with the applicable reporting requirements of the Prevailing Wage Act throughout the duration of the Agreement. Should the IDOL revise any prevailing rate of hourly wages, such revised rate shall be incorporated into and applicable to this Agreement without further action of the parties. It is UA’s sole responsibility and duty to insure that any applicable revision in the prevailing wage rates during the course of its work under this Agreement will be reflected in payment from UA and each contractor and subcontractor to each worker where the change is applicable.

E. In the performance of its obligations pursuant to this Agreement, it shall comply with all applicable provisions of federal, State, Village of Berkeley and local laws, ordinances, regulations, orders and directives, including those regulations in regard to all applicable equal employment opportunity requirements, the Equal Opportunity Clause of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) and the Rules and Regulations of the Illinois Department of Human Rights and the Americans with Disability Act (42 U.S.C. 12101 et seq.), and all rules and regulations issued pursuant to those Acts. There shall be no discrimination on the basis of disabilities (as defined in the Act) in the operation of the services and programs provided by UA hereunder. Any complaint of such discrimination received by UA shall be immediately forwarded to the Client.

9.13 Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm or corporation shall be made or be valid against any party hereto.

9.14 Relationship. UA’s role, and the role of its employees and any of its subcontractors and their employees, with respect to the performance of the Services is solely that of an independent contractor with respect to the Customer.

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IN WITNESS WHEREOF, UA and Customer have executed this Agreement as of the date set forth below. All signed copies of this Agreement shall be deemed originals.

Signed on behalf of The Client:

Signed:

Name:

Title:

Date:

Signed on behalf of The Supplier:

Signed:

Name:

Title:

Date:

www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

MEMORANDUM

TO: Village President Village Board of Trustees CC: Rudy Espiritu, Village Administrator FROM: Chief Michael N. Kuryla III DATE: March 23, 2021 RE: Fire Sprinkler Extension Request 5908 Butterfield Rd.

Background

Florina Villarde and Daniel Nemes owned the apartment building at 5908 Butterfield Road from 2016 – 2020 and sold the building to a Yadira Pereida that required the installation of a fire sprinkler system. It has not been completed and the owner is requesting a one-year extension (see attached).

Previous Action

N/A

Recommendation

It is the recommendation of Village staff that the Village Board of Trustees approve a Resolution Approving and Authorizing the Execution of an Extension Agreement between the Village of Berkeley, Cook County, Illinois and Florina Villarde/Daniel Nemes (5908 Butterfield Road) Providing for a One Year Extension to Install a Fire Sprinkler System

Budgeted Amount

N/A

Action

A motion to approve a Resolution Approving and Authorizing the Execution of an Extension Agreement between the Village of Berkeley, Cook County, Illinois and Florina Villarde/Daniel Nemes (5908 Butterfield Road) Providing for a One Year Extension to Install a Fire Sprinkler System

Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us

Attachments

1. Resolution Approving and Authorizing the Execution of an Extension Agreement between the Village of Berkeley, Cook County, Illinois and Florina Villarde/Daniel Nemes (5908 Butterfield Road) Providing for a One Year Extension to Install a Fire Sprinkler System 2. Request for Extension March 2021

RESOLUTION NO. ______

A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN EXTENSION AGREEMENT BETWEEN THE VILLAGE OF BERKELEY, COOK COUNTY, ILLINOIS AND FLORINA VILLARDE/DANIEL NEMES (5908 BUTTERFIELD ROAD) PROVIDING FOR A ONE YEAR EXTENSION TO INSTALL A FIRE SPRINKLER SYSTEM

WHEREAS, the President and Board of Trustees of the Village desire to enter into the Extension Agreement until April 6, 2022 for installation of a sprinkler system at 5908 Butterfield Rd.,” attached hereto as EXHIBIT A and made a part hereof (“Agreement”); and

WHEREAS, the Village has the authority to enter into the Agreement pursuant to its home rule authority, and the President and Board of Trustees of the Village find that entering into the attached Agreement is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BERKELEY, ILLINOIS AS FOLLOWS:

SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Resolution.

SECTION 2: Approval and Execution. That the President and Board of Trustees of the Village authorize the execution of, and approve entering into, the Agreement, and authorize and direct the Village President and the Village Clerk, or their designees, to execute and deliver the Agreement and all other instruments and documents that are necessary to fulfill the Village’s obligations under the Agreement. Further, the President and Board of Trustees of the Village authorize and direct the Village staff to take all actions that are necessary to comply with all of the applicable obligations of the Village under the Agreement.

SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed.

409635_1 1 SECTION 5: Effectiveness. That this Resolution shall be in full force and effect upon its adoption and approval according to law.

ADOPTED this 6th day of April, 2021, pursuant to a roll call vote as follows:

Trustee Motion Second Ayes Nays Absent Abstain L. W. Hammar Raymond Grenier Sherry Graf-Stone Jerry Perez Diane Salemi Herb Washington

APPROVED this 6th day of April, 2021.

______Robert E. Lee, Jr., Village President

ATTEST:

______Maria M. Rivera, Village Clerk

Published in pamphlet form this 6th day of April, 2021, under the authority of the Village President and Board of Trustees.

Recorded in the Village Records on April 6, 2021.

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EXHIBIT A

EXTENSION AGREEMENT

(attached)

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